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Full text of "North Carolina Register v.12 no. 2 (7/15/1997)"



/- 



NORTH CAROLINA 

REGISTER 



VOLUME 12 • ISSUE 2 • Pages 46 - 109 
July 15, 1997 




IN THIS ISSUE 

Voting Rights Letters 

Environment, Health, and Natural Resources 

Human Resources 

Labor 

Rules Review Commission 

Contested Case Decisions 



PUBLISHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 27611- 744 7 
Telephone (919) 733-2678 
Fax (919) 733-3462 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 



NORTH CAROLINA 
REGISTER 




Volume 12, Issue 2 
Pages 46 - 109 



IN THIS ISSUE 



I. IN ADDITION 
Human Resources 

Medical Assistance 46-49 

Voting Rights Letters 50-51 



II. RULE-MAKING AGENDA 

Environment, Health, and Natural Resources 

Coastal Resources Commission 52-59 

Environmental Management Commission 52-59 

Health Services, Commission for 52-59 

Parks and Recreation Commission 52-59 



July 15, 1997 



This issue contains documents officially filed 
through June 23, 1997. 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 27611-7447 

(919) 733-2678 

FAX (919) 733-3462 



Julian Mann III, Director 

James R. Scarcella Sr., Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Jean Shirley, Editorial Assistant 
Linda Richardson, Editorial Assistant 



m. PROPOSED RULES 

Environment, Health, and Natural Resources 

Health Services, Commission for 61-76 

Labor 
Occupational Safety and Health 60-61 



IV. TEMPORARY RULES 

Environment, Health, and Natural Resources 

Environmental Management Commission 77-88 

Health Services, Commission for 88-90 

V. RULES REVIEW COMMISSION 91-92 

VI. CONTESTED CASE DECISIONS 

Index to ALJ Decisions 93-94 

Text of Selected Decisions 

96 DHR 1570 95-102 

96 EHR 1838 103-106 

97 OSP 0007 107-108 

VII. CUMULATIVE INDEX 1 33 



Digitized by the Internet Archive 

in 2011 with funding from 

University of North Carolina at Chapel Hill 



http://www.archive.org/details/northcarolinareg122nort 



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IN ADDITION 



This Section contains public notices that are required to be published in the Register or have been approved by the Codifier 
of Rules for publication. 



This is a listing of each hospital qualifying for a Medicaid Disproponionate Share payment under the provisions of 10 NCAC 
26H .0213, Paragraph (a), and the amount of payment to each hospital. The federal Social Security Act, Section 923, Paragraph 
(c) requires states to "publish at least annually the name of each hospital qualifying for such a payment adjustment and the amount 
of such payment adjustment made for each such hospital". 

TITLE 10 - DEPARTMENT OF HUMAN RESOURCES 

CHAPTER 26 - MEDICAL ASSISTANCE 



S.C. Division of Medical AssistiUtce 






Analysis Disproportionale Share Paynienls 




STATE FISCAL YEAR 96 










STATE 


Pnnider Name 


Number 


FY96 


Flonda Hospital 


1000007 


1.93500 


Univ of C Med Center 


1400088 


0.00 


Cabarrus Memorial 


3400001 


2.011 00 


Memorial Mission Hospital 


3400002 


555.388.23 


Northern Hosp of Surrv Co 


3400003 


1,899.00 


High Point Mem 


3400004 


0.00 


Hoots Memonal Hospital 


3400006 


0,00 


Annie Penn 


3400007 


542,00 


Scotland Memorial Hospital 


3400008 


10.291 87 


Presbvtenan Specialty Hosp 


3400009 


000 


Wayne Memonal Hospital 


3400010 


3,70881 


Blue Ridge Hosp Sys Inc 


3400011 


160,00 


Rutherford Hospital 


3400013 


1.373,64 


Forsyth Memonal Hospital 


3400014 


995,277,33 


Rowan Memonal Hospital 


3400015 


3.084 59 


C J Harris Community Hosp 


3400016 


1.041.66 


Margaret R Pardse Mem Hosp 


3400017 


000 


Stokes Reynolds Hospital 


3400019 


576.00 


Cleyeland Memorial Hosp 


3400021 


1.834,00 


Bladen Count\ Hospital 


3400022 


917.02 


Park Ridge Hospital 


3400023 


3.268,00 


Sampson Counts Memonal 


3400024 


3,784,87 


Ha\-v\ood Counts Mem 


3400025 


944 66 


Lenoir Memonal Hospital 


3400027 


3.820,90 


Cape Fear Valley Hospital 


3400028 


62.454 88 


Duke Uniy Medical Center 


3400030 


1.022.791,80 


Gaston Memonal Hospital 


3400032 


16.455,67 


Richmond Memorial Hospital 


3400035 


3,505,00 


Kings Mountain Hospital 


3400037 


326,00 



12:2 



NORTH CAROLINA REGISTER 



July 15, 1997 



46 



IN ADDITION 



Beaufon Counn- Hospital 


3400038 


0.00 


[redell Memonal Hospital 


3400039 


0.00 


Pitt Counts Memonal 


3400040 


6.961.573.62 


Caldwell Memonal Hospital 


3400041 


1.338.97 


Onslow Memonal Hospital 


3400042 


0.00 


Alleghanv Co Mem Hospital 


3400044 


306.00 


N C Baptist Hospital 


3400047 


1.039.860.07 


Southeastern General 


3400050 


18.116 66 


Watauga Memonal Hospital 


3400051 


000 


Presb\lenan Hospital 


3400053 


2,960 00 


LTNC Hospitals 


3400061 


18.163,526.47 


Montgomer\- Memonal Hospital 


3400063 


527.00 


Wilkes Regional 


3400064 


298.00 


Chowan Hospital 


3400065 


2.656.00 


Columbus CountN Hospital 


3400068 


2.143.00 


Wake Medical System 


3400069 


23.638.651.52 


Alamance Memonal 


3400070 


4.657.26 


Bets^ Johnson Memonal 


3400071 


1.09200 


Grace Hospital 


3400075 


000 


sloop Memonal Hospital 


3400080 


0.00 


Anson Count Hospital 


3400084 


344.00 


Communm General 


3400085 


2.703.65 


McDowell Hospital 


3400087 


2,251.47 


Franss Kama Hospital 


3400088 


2.28856 


F>ungo District Hospital 


3400089 


278.00 


lohnston Memonal Hospital 


3400090 


2.124.00 


Moses Cone Memonal 


3400091 


611.787.21 


Pender Memorial 


3400093 


0.00 


Cape Fear Memonal Hospital 


3400094 


320,602.00 


Lexington Memonal Hosp 


3400096 


543.64 


MercN Hospital Inc 


3400098 


4.060.000 00 


Roanoke Chowan Hospital 


3400099 


117.00 


Hentage Hospital 


3400107 


989.62 


Albemarle Hospital 


3400109 


1.129 06 


Washington County 


3400112 


0.00 


Carolinas Medical 


3400113 


11.817.617.50 


Rex Hospital 


3400114 


000 


Moore Regional Hosp 


3400115 


3.442.00 


Fry e Regional Med Center 


3400116 


0.00 


Stanly Memonal Hosp 


3400119 


454.00 


Duplin General Hospital 


3400120 


11.931 47 


Doshcr Memorial Hospital 


3400121 


00 


Randolph Hospital 


3400123 


000 


Good Hope Hospital 


3400124 


957.00 



47 



NORTH CAROLINA REGISTER 



July 15, 1997 



12:2 



IN ADDITION 



Wilson Memorial Hospital 


3400126 


7.27655 


Granville Mdical Center 


3400127 


1,039.19 


Union Memonal 


3400130 


2,301.607 00 


Craven Regional 


3400131 


9,863.81 


Maria Parham Hospital 


3400132 


3,554.60 


Martin General Hospital 


3400133 


529.12 


Cherr\ Hospital 


3400135 


17,818,157 00 


John Umstead 


3400136 


13,757,544.00 


Broughton 


3400137 


3,978,83600 


Dorothea Dix 


3400138 


4,022,209.00 


New Hanover Memonal Hosp 


3400141 


480,771.69 


Carteret General 


3400142 


463.00 


Catawba Memorial Hosp 


3400143 


1,799.00 


Lincoln Count\ 


3400145 


1,179.00 


Nash General Hospital 


3400147 


13.014.61 


Halifax Memonal Hospital 


3400151 


5,746.98 


Western Carolina Center 


3400154 


0.00 


Durham Countv General 


3400155 


58.00 


Brunswick Count^ Hospital 


3400158 


35000 


Murphv Medical Center 


3400160 


820.82 


Uni\ersitv Memonal Hospital 


3400166 


750,000 00 


Amos Cottage Rehab Hospital 


3400170 


7,417.01 


Amos Cottage 


3400500 


5,701.00 


Youth Care Ps^chlatnc 


3400501 


5,680 00 


Charlotte Rehabilitation 


3402003 


895,724.00 


Thorns Rehabilitation 


3403025 


2,558.00 


Dorothea Dix 


3404001 


34,305,000.00 


Broughton 


3404002 


28,238,877.17 


Chen^ 


3404003 


14.531,489 00 


John Umstead 


3404004 


29,411,81397 


Charter Hosp/Winston Salem 


3404006 


957.00 


Cumberland 


3404010 


1,687 00 


Fors\lh Stokes 


3404013 


000 


Charter Hosp of Greensboro 


3404015 


3,598.28 


HSA Br\nn Man 


3404016 


1,800.00 


Ten Broeck 


3404017 


246.00 


Charter North Ridge 


3404018 


1,194 00 


CPC Cedar Spnngs 


3404020 


35.00 


I.C M C H Johnson Cm- Medi 


4400063 


0.00 


Erlanger Medical Center 


4400104 


0.00 


Sentara Norfolk General Hosp 


4900007 


000 


Medical College of VA 


4900032 


0.00 


Pnnce William Hospital 


4900045 


0.00 


Cheapeake General Hospital 


4900120 


000 



12:2 



NORTH CAROLINA REGISTER 



July 15, 1997 



48 



IN ADDITION 



National J Center 


9603302 


0.00 






0.00 


Grand Total 




219,943.255.48 



\ 



49 



NORTH CAROLINA REGISTER 



July 15, 1997 



12:2 



IN ADDITION 



U.S. Department of Justice 
Civil Rights Division 

IKP:GS:RJD:mh Voting Section 

DJ 166-012-3 P.O. Box 66128 

97-1010 Washington, D.C. 20035-6128 

May 23, 1997 

Michael B. Brough, Esq. 
Michael B. Brough & Associates 
1829 East Franklin Street, Suite 800-A 
Chapel Hill, North Carolina 27514 

Dear Mr. Brough: 

This refers to the annexation (Ordinance No. 97-2) and its designation to Ward 4 of the Town of Tarboro in Edgecombe 
County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. We 
received your submission on March 31, 1997. 

The Attorney General does not interpose any objection to the specified changes. However, we note that Section 5 
expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement 
of the changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). 

Sincerely, 

y Isabelle Katz Pinzler 

i Acting Assistant Attorney General 

' Civil Rights Division 

■ By: 

for Elizabeth Johnson 
Chief, Voting Section 



12:2 NORTH CAROLINA REGISTER July 15, 1997 50 



IN ADDITION 



U.S. Department of Justice 

Civil Rights Division 



Voting Section 

P.O. Box 66128 

Washington. D. C. 20035-6128 



June 9, 1997 



Mr. Gary O. Banlett 

Executive Secretarv-Director 

State Board of Elections 

P.O. Box 2169 

Raleigh, North Carolina 27602-2169 

Dear Mr. Bartlett: 

This refers to Chapter 1 1, section 2 (1997 Session), which provides for the redistricting of congressional districts in the 
State of Nordi Carolina, submitted to the Attorney General pursuant to section 5 of the Votmg Rights Act, 42 U.S.C. 1973c. We 
received your submission on April 10, 1997; the most recent supplemental information concerning this submission was received 
on May 26, 1997. 

The Attorney General does not interpose any objection to the specified change. However, we note that section 5 expressly 
provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the 
change. See the Procedures for the Administration of section 5 (28 C.F.R. 51.41). 

We note that we have not reviewed the alternative plan contained in section 3 of Chapter 1 1 , which would replace the plan 
adopted in section 2 if it were invalidated by a court on one-person, one-vote grounds. You indicate in your submission letter that 
the plan in section 3 is not submitted for review under section 5. 

Since the section 5 status of the 1997 congressional redistricting plan for North Carolina is before the court in Shaw v. 
Hunt . No. 92-202-CIV-5-BR, we are providing a copy of this letter to the court and counsel of record in that case. 

Sincerely, 

Isabelle Katz Pinzler 

Acting Assistant Attorney General 

Civil Rights Division 

cc: The Honorable J. Dickson Phillips, Jr. 
The Honorable W. Earl Britt 
The Honorable Richard L. Voorhees 
Counsel of Record 



( 



51 NORTH CAROLINA REGISTER July 15, 1997 12:2 



RULE-MAKING AGENDA 



An agency tnay choose to publish a nde-making agenda which ser\>es as a notice of rule-making proceedings if the agenda 
includes the information required in a notice of rule-making proceedings. The agency must accept comments on the 
agenda for at least 60 days from the publication date. Statutory reference: G.S. 150B-21.2. 



TITLE ISA - DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

This agenda will serve as the notice of rule-making proceedings for the following rule-making bodies: Department of Environment, 
Health, and Natural Resources - to rules codified in 15A NCAC 19G; Environmental Management Commission - to rules codified 
in 15A NCAC 2; Coastal Resources Commission - to rules codified in 15A NCAC 7; Commission for Health Services - to rules 
codified in 15A NCAC 13A and 19A; and Parks and Recreation Commission - to rules codified in 15A NCAC I2K - from July 
15, 1997 through September 15, 1997: 

DEHNR Regulatory Agenda Index - June 18, 1997 



AIR QUALITY 




APA# 


SUBJECT 


El 962 


Municipal Waste Landfills 


E2227 


Permit Fee Applicability 


E2228 


Pcrchlorethylene Drv Cleaning 




VOC RACT 


E2275 


Air Toxics 


E2276 


Definitions 


E2277 


Exclusionar> Rules for VOC 


E2278 


Activities Exempted from Permit 




Requirements 


E2279 


Activities Exempted from Permit 




Requirements 


E2310 


Special Rules for De\ elopment 




along Histonc Coastal Urban 




Waterfronts 


E2313 


Amendments to the NC Hazardous 




Waste Management Rules 


EPIDEMIOLOGY/COMMUNICABLE DISEASES 


APA# 


SUBJECT 


H5055 


Fees for Rabies Tags, Links 



RULE CITATION # 
I5ANCAC2D 1700 
15A NCAC 2Q 0201 
15ANCAC2D .0938 

15A NCAC 2D . 1 104 and 2H .0610 
15ANCAC2D .0101 
15A NCAC 2Q .0801. .0803 
15A NCAC 2Q 0102 

15A NCAC 2Q 0102 

15A NCAC 7H 0210 



15ANCAC 13A.0100 



H6730 



and Rivets 
Reportable Diseases and 

Conditions 



RULE CITATION § 

15A NCAC 19G .0102 (Will publish as a temporary rule) 

15A NCAC 19A .0101 (Will publish as temporary rule 
in 7/15/97 register) 



PARKS AND RECREATION 
APA^ SUBJECT 

N1845 Parks and Recreation Trust Fund 

Grants for Local Government 



RULE CITATION li 
15A NCAC 12K .0101, 



.0103, .0104, .0105 



WATER QUALITY 

APA^ SUBJECT 

E2273 Wetlands Restoration Program 



RULE CITATION tf 

15A NCAC2R .0100- .0600 



DEHNR Regulatory Agenda - June 18, 1997 

APA #: E1962 

SUBJECT: Municipal Waste Landfills 

RULE CITATION #: 15A NCAC 2D .1700 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1): 143-215. 65;143-215. 66; 143-215. 107(a) 



12:2 



NORTH CAROLINA REGISTER 



July 15, 1997 



52 



RULE-MAKING AGENDA 



i 



DIVISION/SECTION: AIR QUALITY 

DIVISION CONTACT: Thomas Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED; 4/30/96 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: Local 

REASON FOR ACTION : 

To limit emissions of volatile organic compoimds, toxic air pollutants, and malodorous compounds from existing 
municipal solid waste landfills. 

SCOPE/NATURE/SUMMARY : 

The rules would apply to municipal solid wastes landfills for which construction began before May 30, 1991. 
Landfills that emitted landfill gas in excess of 50 megagrams (55 tons) per year would be required to control their 
emissions. Landfills designed to hold 2.5 million megagrams (2.8 million tons) of waste or more will be required 
to install gas collection systems or prove that the landfill emits less than 50 megagrams per year of non-methane 
organic compoimds. The control requirements would generally involve drilling collection wells into the landfill 
and routing the gas to a suitable energy recovery system or combustion device. Emissions may be controlled by 
fiaring or by burning the gases in an internal combustion engine, turbine, or boiler. Details of the requirements 
can be found in 40 CFR Part 60, Subpart Cc (61 FR 9905) EPA identified 11 potentially affected landfills in 
North Carolina. 

APA #: E2227 

SUBJECT: Permit Fee Applicability 

RULE CITATION #: 15A NCAC 2Q .0201 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1), (la), (lb), (Id); 143-215. 106A; 150B-21.6 

DIVISION/SECTION; AIR QUALITY 

DIVISION CONTACT: Thomas Allen 

DIVISION CONTACT TEU: (919)733-1489 

DATE INITIATED; 4/21/97 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To remove dated paragraphs from 15A NCAC 2Q .0201, Applicability. 

SCOPE/NATURE/SUMMARY : 

Paragraphs (b) and (c) of 15A NCAC 2Q .0201, Applicability, are now dated. They served to phase in the new 
permit fees. Now that the new permit fees are fully in effect, these two paragraphs are no longer needed. 

APA #: E2228 

SUBJECT: Perchlorethylene Dry Cleaning VOC RACT 

RULE CITATION #; 15A NCAC 2D .0938 

STATUTORY AUTHORITY; G.S. 143-215. 3(a)(1); 143-215. 107(a)(5) 

DIVISION/SECTION; AIR QUALITY 

DIVISION CONTACT: Thomas Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 4/21/97 

DURATION OF RULE: Permanent 

TYPE OF RULE; 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED; None 

REASON FOR ACTION : 

SCOPE/NATURE/SUMMARY ; 

The EPA has recently declared that perchloroethylene is not a volatile organic compound (VOC). The purpose J 
of 15A NCAC 2D .0938 is to control perchloroethylene as a VOC. Because perchlorothylene is no longer a ' 
VOC, this rule is no longer needed. Therefore, this Rule should be repealed. (Except for one or so dry cleaners 



53 NORTH CAROLINA REGISTER July 15, 1997 12:2 



RULE-MAKING AGENDA 



in Mecklenburg County, no dry cleaners are required to comply with this Rule.) 

(Perchloroethylene is a hazardous air pollutant. Its emissions from perchloroethylene dry cleaning systems are 
currently controlled under 15 A NCAC 2D .1111, Maximum Achievable Control Technology.) 

APA H: E2273 

SUBJECT: Wetlands Restoration Program 

RULE CITATION #: 15A NCAC 2R .0100 - .0600 

STATUTORY AUTHORITY: G.S. 143-214.8 - 214.13 

DIVISION/SECTION: WATER QUALITY 

DIVISION CONTACT: Ron Ferrell 

DIVISION CONTACT TEL#: (919)733-5083 ext. 358 

DATE INITIATED: 5/23/97 

DURATION OF RULE: Permanent 7/1/98 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: State 

REASON FOR ACTION : 

During the 1996 session of the North Carolina General Assembly, Article 21 of Chapter 143 of the General 
Statutes was amended by adding sections 143-214.8 through 214. 13. These sections established the Wetlands 
Restoration Program as a non-regulatory statewide program for the acquisition, maintenance, restoration, 
enhancement, and creation of wetland and riparian resources that contribute to the protection and the improvement 
of water quality, flood prevention, fisheries, wildlife habitat, and recreational opportunities. The purpose of this 
rule-making initiative is to establish the procedures that will be used to implement the Wetlands Restoration 
Program. 

SCOPE/NATURE/SUMMARY : 

The Environmental Management Commission is proposing to establish Wetlands Restoration Program per NCGS 
143-214.8 - 214. 13. This package of rules will establish the procedures that will be used to develop the wetlands 
restoration plans for each of the 17 river basins; provide a mechanism to satisfy compensatory mitigation 
requirements; establish the Wetlands Restoration Fund to provide a repository for monetary contributions and 
donations or dedications of interests in real property to promote projects for the restoration, enhancement, 
preservation, or creation of wetlands and riparian areas; establish procedures to guide the disbursement of funds; 
and establish procedures to comply with the reporting requirements of the enabling legislation. 

APA t>: E2275 

SUBJECT: Air Toxics 

RULE CITATION tt: 15A NCAC 2D . 1 104 and 2H .0610 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(3), (4), (5); 143-215.108; 143B-282; S. L. 1989, 

C. 168, S.45 

DIVISION/SECTION: AIR QUALITY 

DIVISION CONTACT: Thomas Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 5/28/97 

DURATION OF RULE: Temporary 6/12/97 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

The purpose of this rulemaking is to establish an acceptable ambient level for total diisocyanate, 2, 4- and 2, 6- 
isomers. 2, 4- and 2, 6-toluene diisocyanate isomers are emitted in North Carolina and have adverse affects on 
human health. Although 2, 4-toluene diisocyanate is currently regulated under the air toxic rules, 2, 6-toluene 
diisocyanate is not. 

SCOPE/NATURE/SUMMARY : 

At least one facility in NC is emitting 2,4- and 2, 6-toluene diisocyanate isomers at levels where adverse health 
effects have been observed in the surrounding community. The current air toxics rules (15A NCAC 2D . 1 100 
and 2H .0610) contain an acceptable ambient lever for 2, 4-toluene diisocyanate, but they do not contain an 
acceptable ambient level for 2, 6-toluene diisocyanate. The 2, 6-toluene diisocyanate isomer is contributing to 



12:2 NORTH CAROLINA REGISTER July 15, 1997 54 



RULE-MAKING AGENDA 



the observed health problems. 

Dr. Ronald H. Levine, State Health Director, urges the Environmental Management Commission to adopt a 
standard for total isomers of toluene diisocyanate. The rule amendment changes the acceptable ambient level for 
2, 4-toluene diisocyanate to an acceptable ambient level for total toluene diisocyanate, 2, 4- and 2, 6- isomers. 

APA #: E2276 

SUBJECT: Definitions 

RULE CITATION #: 15A NCAC 2D .0101 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-213 

DIVISION/SECTION: AIR QUALITY 

DIVISION CONTACT: Thomas Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 5/28/97 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To revise the definition of "control device" to clarify that integral parts of combustion devices or process 
equipment are not control devices. 

SCOPE/NATURE/SUMMARY : 

Revision of the definition of "control device" in Rule 15A NCAC 2D .0101, Definitions, is being considered to 

clarify that integral parts of combustion devices or process equipment are not control devices. The Division of 

Air Quality does not currently consider integral parts of combustion devices or process equipment control devices. 

A possible revision of the definition of "control device" is: 

"Control Device" means equipment (fume incinerator, adsorber, absorber, scrubber, filter media, cyclone, 

electrostatic precipitator, or the like) used to destroy or remove air pollutant(s) prior to discharge to the ambient 

air. Equipment that would otherwise be considered a control device is not considered a control device under this 

definition if it is an integral part of combustion devices or process equipment. 

Accompanying this definitional change would be a definition for integral part. A possible definition of "integral 

part" is: 

"Integral part" means a component of a combustion device or process equipment without which the combustion 

device or process equipment cannot be manufacmred, purchased, or operated. Add-on air cleaning devices, such 

as fume incinerators or flares, are considered control devices. 

APA #: E2277 

SUBJECT: Exclusionary Rules for VOC 

RULE CITATION ff: 15A NCAC 2Q .0801, .0803 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)10); 143-215.108 

DIVISION/SECTION: AIR QUALITY 

DIVISION CONTACT: Thomas Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 5/28/97 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To clarify that the procedures in Section 15A NCAC 2Q .0800, Exclusionary Rules, may be used to determine 
potential emissions for applicability of Title 111 (hazardous air pollutants and maximum achievable control 
technology) requirements. 

SCOPE/NATURE/SUMMARY : 

Amendments to Rules 15A NCAC 2Q .0801, Purpose and Scope, and .0803, Coating, Solvent Cleaning, Graphic 
Arts Operations, are being considered to clarify that potential emissions of hazardous air pollutants (HAP) that 
are also volatile organic compounds VOC, including perchloroethylene, may be computed using the procedures 
in 15A NCAC 2D .0803 to determine potential emissions. (Under this Rule potential emissions for coating 



55 NORTH CAROLINA REGISTER July 15, 1997 12:2 



( 



RULE-MAKING AGENDA 



operations, solvent cleaning operations, and graphic arts operations are equal to the actual uncontrolled 
emissions.) Potential emissions of HAP are generally used to determine the applicability of maximum achievable 
control requirements. The rules imply that the procedure in 15A NCAC 2Q .0803 may be used to compute 
potential emissions for HAP but do not specifically state such. The amendments would specifically state that this 
procedure may be used for HAP. 

APA #: E2278 

SUBJECT: Activities Exempted from Permit Requirements 

RULE CITATION It: 15A NCAC 2Q .0102 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(4); 143-215.108 

DIVISION/SECTION: AIR QUALITY 

DIVISION CONTACT: Thomas Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 5/28/97 

DURATION OF RULE: 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: Local 

REASON FOR ACTION : 

To add permit exemption for landfills not required to be permitted under Title V (15A NCAC 2Q .0500, Title 

V Procedures). 
SCOPE/NATURE/SUMMARY : 

Until recently landfills were not required to have an air quality permit because they were exempted under 15 A 
NCAC .0I02(b)(l)(K)(xi), Activities Exempted from Permit Requirements, which exempts activities for which 
there are not applicable requirements. Recently the EPA promulgated requirements for landfills. Because 
landfills now have certain regulatory requirements to meet, they can no longer qualify for this exemption. 

Large landfills are required to have a permit under 15A NCAC 2Q .0500. They have specific monitoring, 
recordkeeping, and reporting requirements to meet. If their emissions of nonmethane organic compounds exceed 
55 tons per year, they will have to install and operate collection and control equipment. Large landfills would 
not be eligible for the exemption. 

Small landfills have only minimal reporting and recordkeeping requirements. Basically their only requirement 
is to report the size of the landfill and be able to document that it is below the capacity that would make it large, 
i.e. the capacity is less than 2.75 million tons or 2.5 million cubic meters. The exemption would be for these 
small landfills. (If a small landfill has a flare, the flare would need a permit because it is a source of emissions, 
but the landfill itself would not need a permit.) 

APA #: E2279 

SUBJECT: Activities Exempted from Permit Requirements 

RULE CITATION If: 15A NCAC 2Q .0102 

STATUTORY AUTHORITY: G.S. 143-215. 3(a)(1); 143-215. 107(a)(4); 143-215.108 

DIVISION/SECTION: AIR QUALITY 

DIVISION CONTACT: Thomas Allen 

DIVISION CONTACT TEL#: (919)733-1489 

DATE INITIATED: 5/28/97 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

To establish a process whereby sources at a facility required to have a permit under 15 A NCAC 2Q .0500, Title 

V Procedures, for which there are no applicable requirements may be exempted from being specifically listed on 
the permit. Under the current rules such sources may not be exempted from permitting solely because there are 
no applicable requirements for it. 

SCOPE/NATURE/SUMMARY : 

Rule 15A NCAC 2Q .0102, Activities Exempted from Permit Requirements, currently contains a permit 



12:2 NORTH CAROLINA REGISTER July 15, 1997 56 



RULE-MAKING AGENDA 



exemption (15A NCAC 2Q .0102(b)(l)(K)(xi)) for sources for which there are no applicable requirements 
provided that the facility is not required to be permitted under Section 15A NCAC 2Q .0500. Sources at a 
facility required to have a permit under Section 15A NCAC 2Q .0500 are not eligible for the exemption even if 
there are no applicable requirements for it to meet. The proposal is to add a process whereby some sources at 
a facility required to have a permit under Section 15A NCAC 2Q .0500, but for which there are no applicable 
requirements could be exempted from being specifically listed in the permit. 

APA#:E2310 

SUBJECT: Special rules for Development along historic coastal urban waterfronts. 

RULE CITATION ft: 15A NCAC 7H .0210 

STATUTORY AUTHORITY: G.S.I 13A-107 

DIVISION/SECTION: COASTAL MANAGEMENT 

DIVISION CONTACT: Preston Pate 

DIVISION CONTACT TEL#: (919)808-2808 

DATE INITIATED: 6/20/97 

DURATION OF RULE: Permanent 

TYPE OF RULE: Adoption 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

Current rules prevent any type of non-water dependent use in public trust areas. The proposed rules will allow 
such uses to promote economic development and improve public access along municipal waterfronts. 

SCOPE/NATURE/SUMMARY : 

The proposed rule will allow limited use of public trust areas by non-water dependent structures in areas 
designated as having historical cultural significance. The designated areas must be within municipalities and meet 
criteria specified in the rule. 

APA#:E2313 

SUBJECT: Amendments to the North Carolina Hazardous Waste Management Rules 

RULE CITATION #: 15A NCAC 13A .0100 

STATUTORY AUTHORITY: G.S. 130A-294 

DIVISION/SECTION: HAZARDOUS WASTE SECTION 

DIVISION CONTACT: Brenda Rivers 

DIVISION CONTACT TEL#: (919)733-4996 

DATE INITIATED: 6/20/97 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

The Hazardous Waste Management Rules, 15A NCAC 13A .0100, will be reviewed to identify candidates for 
elimination, clarification or revision. New federal and State requirements are incorporated in the rules on a 
regular basis, and a comprehensive rules review is needed to examine effectiveness and clarity. Rules that are 
unclear, conflicting or unnecessary are burdensome to all and can be a deterrent to compliance and environmental 
protection. 

NOTE: All interested parties are encouraged to submit information and suggestions to the Hazardous Waste Section Chief 
at PO Box 29603, Raleigh, NC 2761 1-9603. 

APA #:H5055 

SUBJECT: Fees for Rabies Tags, Links, and Rivets 
RULE CITATION #: 15A NCAC 19G .0102 
STATUTORY AUTHORITY: G.S. 130A-190 
DIVISION/SECTION: EPIDEMIOLOGY/OEE 
DIVISION CONTACT: Steve Manin 
DIVISION CONTACT TEL#: (919)733-3421 
DATE INITIATED: 6/23/97 



57 NORTH CAROLINA REGISTER July 15, 1997 12:2 



RULE-MAKING AGENDA 



DURATION OF RULE: Temporary 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

The 1997 General Assembly ratified House Bill 488 amending G.S. 130A-190, rabies vaccination tags to 
authorize an increase in the fee charged for rabies tags. The Secretary of the Department may increase the tag 
fee by an amount not to exceed five cents ($.05) per tag above the actual cost of the tag. 

SCOPE/NATURE/SUMMARY : 

The scope is to increase the rabies tag fee up to five cents ($.05) above the actual cost of the tags. G.S. 130A- 
190, Rabies Vaccination Tags, requires dogs and cats to be vaccinated against rabies and to wear rabies tags. The 
Secretary of the Department is authorized to distribute tags to private veterinarians and local health departments 
and, with the ratification of House Bill 488, is authorized to charge a fee for the tags of up to five cents ($.05) 
per tag about the actual cost of the tag. 

House Bill 488 was ratified by the General Assembly on May 13, 1997 and signed by the Governor on May 212, 
1997. The additional revenue generated from this increase will be used to fund rabies education and prevention 
programs. 

APA #: H6730 

SUBJECT: Reportable Diseases and Conditions 

RULE CITATION #: 15A NCAC 19A .0101 

STATUTORY AUTHORITY: G.S. 130A-134; 130A-135; 130A-141 

DIVISION/SECTION: EPIDEMIOLOGY/COMMUNICABLE DISEASES 

DIVISION CONTACT: Newt Maccormack 

DIVISION CONTACT TEL#: (919)715-7394 

DATE INITIATED: 6/16/97 

DURATION OF RULE: Temporary 7/1/97 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Draft Rule Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION : 

This proposed temporary rule change would add Vibirio spp. infections other than cholera (which is already a 
reportable disease) to the list of diseases and conditions reportable by physicians in North Carolina. Of particular 
importance in this group of infections are those caused by Vibrio vulnificus, a naturally occurring bacteria that 
lives in salt or brackish water and which can cause serious wound infections and disseminated infections 
throughout the body. It is important to document whether the incidence of these infections is increasing as soon 
as possible because of increasing concern about water quality in coastal North Carolina's natural waters. Disease 
from V. xulnificus occurs predominately during the summer months. A more extensive permanent rewrite of the 
communicable disease/condition reporting rule, including this proposed change, is slated for consideration by 
the Commission for Health Services at its meeting on August 20, 1997; however, if these changes are adopted, 
they will not become effective until August 1, 1998. 

SCOPE/NATURE/SUMMARY : 

This rule change would add Vibrio spp. infections to the list of communicable diseases required to be reported 
by physicians in North Carolina. 

APA #: N1845 

SUBJECT: Parks and Recreation Trust Fund Grants for Local Government 

RULE CITATION #: 15A NCAC 12K .0101, .0103, .0104, .0105 

STATUTORY AUTHORITY: G.S. 143B-313.1; 143B-313.2; 113-44.15; 105-228.30 

DIVISION/SECTION: PARKS AND RECREATION 

DIVISION CONTACT: Gina Rutherford 

DIVISION CONTACT TEL#: (919)715-8710 

DATE INITIATED: 3/31/97 

DURATION OF RULE: Permanent 

TYPE OF RULE: 

STAGE OF DEVELOPMENT: Concept Stage 



12:2 NORTH CAROLINA REGISTER July 15, 1997 58 



RULE-MAKING AGENDA 



GOV LEVELS AFFECTED: State 

REASON FOR ACTION : 

Administrative rules for the local government share of the Parks and Recreation Trust Fund (PARTE) need to 
be amended to reflect legislation passed by the 1995 General Assembly, G.S. 143B-313.1 and 313.2; G.S. 
1 13-44. 15, and to make the rules more suitable for local government application submission. 

SCOPE/NATURE/SUMMARY : 

Existing administrative rules define the purpose and policy, eligible applicants, funding cycle, application 
schedule, evaluation of application, grant agreement, matching requirements, project eligibility, site control and 
dedication, inspection, and program acknowledgment for the local government share of PARTE. These rules 
were based on staff quickly developing a shortened funding cycle in order to complete it within the fiscal year 
the legislation was passed. Many existing rules are not applicable with the creation of the Parks and Recreation 
Authority in 1995 to oversee and allocate the trust fund. Also, the same year the General Assembly established 
a dedicated and stable funding source for PARTE. 

The Authority has reviewed the existing rules and is recommending amendments to make the rules more 
compatible and user friendly for local governments to apply for and comply with if funded. 

Administrative rule amendments would: 

1 . Define the selection and responsibilities of the Parks and Recreation Authority in allocating funds to 
local government projects. 

2. Revise the application and funding cycle dates to coincide with local government's budget calendars; 
and 

3. Implement administrative changes recommended by the Authority to improve oversight of the program. 



59 NORTH CAROLINA REGISTER July 15, 1997 12:2 



PROPOSED RULES 



This Section contains the text of proposed rules. At least 6G days prior to the publication of text, the agency published 
a Notice of Rule-making Proceedings. The agency must accept comments on the proposed rule for at least 30 days from 
the publication date, or until the public hearing, or a later date if specified in the notice by the agency. The required 
comment period is 60daysfora rule that has a substantial economic impact of at least five million dollars ($5,000,000). 
Statutory reference: G.S. 150B-21.2. 



TITLE 13 - DEPARTMENT OF LABOR 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the North Carolina Department of Labor. Division of 
Occupational Safety and Health intends to amend rule cited as 
13 NCAC 7F .0201. Notice of Rule-making Proceedings was 
published in the Register on March 14, 1997. 

Proposed Effective Date: July 1, 1998 

A Public Hearing will be conducted at 10:00 a.m. on August 
4, 1997 at the NCDOL - Division of Occupational Safety and 
Health, 319 Chapanoke Road, Suite 105, Conference Room A, 
Raleigh, NC. 

Reason for Proposed Action: Currently, 13 NCAC 7F .0201 
incorporates by reference 29 CFR 1926 with certain exceptions. 
Pursuant to the authorities granted in G.S. 95-131 (a), this 
amendment will revise the wording of 29 CFR 1926. 950(c) (1) (i) 
which addresses protective measures to be taken by employees 
when they are working on or near electrically energized parts. 
The wording change is intended to ensure that protective 
measures— beyond just gloves and sleeves if appropriate— are 
taken when any portion of an employee 's body is within the 
specified minimum approach distance. The objective of the 
amendment is to protect the employee (s) from electrocution due 
to inadvertent contact with other energized or conductive 
objects while the employee(s) are working on an energized part. 

OSHNC has concluded that the language contained in the 
related General Industry standards [29 CFR 1910.269(l)(2)(i)J 
has been thoroughly reviewed for feasibility and is as effective 
as the federal construction standard. Therefore, OSHNC is 
pursuing rule-making to amend the verbatim adoption of 
29 CFR 1926.950(c)(lj(i) to incorporate the 29 CFR 
1910.269(l)(2)(i) language. 

Comment Procedures: The purpose of this announcement is 
to encourage all interested and potentially affected persons or 
parties to make their views known to the Division of 
Occupational Safety and Health (OSH) whether in favor of or 
opposed to any and all provisions of the noticed amendment. 
Written comments, data, or other information relevant to this 
proposal must be submitted within 30 days (August 15, 1997). 
Such written materials may be submitted to: Peggy D. Morris, 
Division of Occupational Safety and Health, 319 Chapanoke 
Road. Suite 105, Raleigh, NC 27603-3432, Phone (919) 662- 
4581, FAX (919) 662-4582. 

Fiscal Note: This Rule does not affect the expenditures or 



revenues of state or local government finds. This Rule does not 
have a substantial economic impact of at least five million 
dollars ($5,000,000) in a 12-month period. 

CHAPTER 7 - OFFICE OF 
OCCUPATIONAL SAFETY AND HEALTH 

SUBCHAPTER 7F - STANDARDS 

SECTION .0200 - CONSTRUCTION 
STANDARDS 

.0201 CONSTRUCTION 

(a) The provisions for the Occupational Safety and Health 
Standards for Construction, Title 29 of the Code of Federal 
Regulations Part 1926 promulgated as of Februar>' 28, 1997 
and exclusive of subsequent amendments, are incorporated by 
reference except as follows: 

(1) Subpart C - General Safety and Health Provisions - 
Personal protective equipment, §1926. 28(a) is 
amended to read as follows: "(a) The employer is 
responsible for requiring the wearing of appropriate 
personal protective equipment in all operations where 
there is an exposure to hazardous conditions or where 
this part indicates the need for using such equipment 
to reduce the hazards to the employees." 

(2) Subpart D -- Occupational Health and Environmental 
Controls: 

(A) Addition to 29 CFR 1926.54, Nonionizing 
radiation, after subpart (a) to read: 

"(al) This standard shall apply to all direct or 
reflected laser equipment except properly 
maintained unmodified Class I equipment. 
Class 1 equipment is defined as intrinsically 
safe lasers having less than 0.001 milliwatt 
power and lasers which cannot create eye 
damage if viewed accidentally or which 
present no direct ocular hazard, diffuse ocular 
hazard or fire hazards. " 

(B) Incorporation by reference of modified final 
rule for 29 CFR 1926.59, Hazard 
Communication, including Appendices A 
through E, published in 59 FR (February 9, 
1994) pages 6170 - 6184 except that 
1926.59(b)(6)(ii) is amended to read: 

"(ii) Any hazardous substance as such term is 
defmed by the Comprehensive Environmental 
Response, Compensation, and Liability Act 
(CERCLA) (42 U.S.C. 9601 et seq), when 
regulated as a hazardous waste under that Act 



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60 



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by the Environmental Protection Agency;" 

(3) Subpart E --Personal Protective and Life Saving 
Equipment - addition of (g) to 1926.104 Safety 
belts, lifelines, and lanyards, as follows: 

"(g) Snaphooks shall be a locking type designed and 
used to prevent disengagement of the snaphook 
keeper by the connected member. Locking type 
snaphooks have self-closing, self-locking keepers 
which remain closed and locked until unlocked and 
pressed open for connection or disconnection." 

(4) Subpart V - Power Transmission and Distribution - 
1926.950(c)(l)(i) is rewritten to read as follows: 

"(i) The employee is insulated or guarded from 

the energized part (gloves or gloves with sleeves 

rated for the voltage involved shall be considered 

insulation of the emplovee only with regard to the 

energized part upon which work is being 

performed), or" 

(4)£5j Subpart Z - Toxic and Hazardous Substances - 

incorporation of the existing standard for Bloodbome 

Pathogens, 29 CFR 1910.1030, excluding 

subparagraph (e) HIV and HBV Research 

Laboratories and Production Facilities, into the 

Safety & Health Regulations for Construction at 29 

CFR 1926.1130. Final rule as published in 56 FR 

(December 6, 1991) pages 64175-64182, including 

Appendix A — Hepatitis B Vaccine Declination 

(Mandatory) - with corrections as published in 57 

FR (July 1, 1992) page 29206, and with the 

following revision to the definition of Occupational 

Exposure under subsection (b) Definitions: 

"Occupational Exposure means reasonably 

anticipated skin, eye, mucous membrane, or 

parenteral contact with blood or other potentially 

infectious materials that may result from the 

performance of collateral first aid duties by an 

employee in the areas of construction, alteration, 

or repair, including painting and decorating." 

(b) Copies of the applicable Code of Federal Regulations 

sections referred to in this Subchapter are available for public 

inspection at the North Carolina Department of Labor, Division 

of Occupational Safety and Health. A single copy may be 

obtained from the Division at a cost of ten dollars and sixty 

cents ($10.60) (inclusive of tax); each additional copy will be 

the same price. 

Authority G.S. 95-131; 150B-21.6. 



TITLE ISA - DEPARTMENT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES 

Notice is hereby given in accordance with G.S. 150B-21 .2 
that the EHNR - Commission for Health Senices intends 
to amend rules cited as 15A NCAC 18A .1937, .1938, .1958. 
.1961: 19A .0101 - .0102, .0201. .0203 .0205 and 24A .0202. 
Notice of Rule-making Proceedings for 15A NCAC 18A .1937, 



.1938, .1958. .1961 were published in the Register on January 
15, 1997. Notice of Rule-making Proceedings for 15A NCAC 
19A .0101 - .0102. .0201. .0205 were published in the Register 
on April 15. 1997. Notice of Rule-making Proceedings for 15A 
NCAC 19A .0203 was published in the Register on February 3, 
1997. Notice of Rule-making Proceedings for 15A NCAC 24A 
.0202 was published in the Register on March 14, 1997. 

Proposed Effective Date: August 1, 1998 

A Public Hearing will be conducted at 1:00 p.m. on July 30, 
1997 at the Ground Floor Hearing Room, Archdale Building, 
512 N. Salisbury Street, Raleigh, NC. 

Reason for Proposed Action: 

ISA NCAC 18A .1937, .1938, .1958, .1961 - The proposed 
permanent rules are necessary because of amendments to 
N.C.G.S. 130-333 et seq.. Wastewater Systems, enacted by the 
Legislature during the Short Sessions of 1996. 
The principal amendments are: (1) the addition of an 
Improvement Permit that is valid for five (5) years [130A- 
3 35 if)]: (2) definitions of a plat and a site plan fl30A-334(7b) 
and (13a) respectively]: (3) the redefinition of the period of 
validity for an authorization for wastnvater system construction 
to beup tofive (5) years {130A-336(b)], and (4) the addition 
of a subsection to allow for the withholding of funds to local 
health departments under certain coruiitions [130A-336(f)J. 
The damage caused by Hurricane Bertha arui Fran during the 
summer of 1996 revealed the need to allow the use of holding 
tanks as a component of a system while repairs are affected 
]Rule .1958(b) and . 1961 (d)] and the proper abandonment of 
systems or components that are not repairable [Rule .1961 (c)J. 
ISA NCAC I9A .0101:0102 - The current list of reportable 
diseases are being modified to reflect emerging areas of public 
health significance as well as to provide accurate information 
which will assist in the development of control measures to 
restrict the transmission of disease, will provide direction for 
efforts to combat potential drug resistant organisms, and will 
e.xpand the base of knowledge used to facilitate epidemologic 
monitoring and program development. The method of 
reporting for public and private laboratories will be expanded 
to include important communicable disease information and to 
increase efficiency and timeliness of implementing control 
measures. 

ISA NCAC 19 A .0201 - The proposed changes are technical 
changes and do not make substantive changes in the provisions 
of this rule. The name of the reference publication heretofore 
known as "Control of Communicable Diseases in Man " has 
been changed by the publisher to "Control of Communicable 
Diseases Manual" and this amended rule reflects this new 
name. Also, certain addresses and how to obtain the reference 
information have been modified in these proposed changes. 
ISA NCAC 19A .0203 - The rules setting forth the control 
measures for Hepatitis B need to be changed to incorporate a 
procedure for the management of infected children in school or 
day care settings. Such a procedure already exists for the 
management of children infected with HIV, the virus that causes 



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Aids. 

ISA NCAC 19 A .0205 - The proposed changes are both 
technical and substantive. The changing patterns of TB 
prevalence and incidence and better understanding of how to 
detect and control the disease have led to new recommendations 
for control measures from national and state authorities. At 
times in the past, the requirements of certain control measures 
were not clear because the references cited in this rule as the 
source of control measures made recommendations rather than 
outlining the specific measures that needed to be taken to detect 
and control tuberculosis. This proposed rule requires that 
recommendations in the reference documents be considered 
control measures, except as otherwise provided in the rule. The 
other proposed changes to the nde are designed to clarify, to 
make technical changes, or to incorporate recent 
recommendations from the Centers for Disease Control and 
Prevention for detection and control of tuberculosis. 
ISA NCAC 24 A .0202 - For paragraph (d) - the purpose of 
this rulemaking is to increase the income eligibility for the HIV 
Medications Program to 125 percent of the poverty level and 
thereby make federal funding for HIV related care available to 
more North Carolina clients. 

For paragraph (f) -This rulemaking will also decrease the 
income eligibility for the Cancer Control Program to 115 
percent of the federal poverty level and subsequently decrease 
the number of eligible clients. This action is necessary to 
prevent over-obligation of state funds during the fiscal year. 

Comment Procedures: All persons interested in these matters 
are invited to attend the public hearing. Written comments may 
be presented at the public hearing or submitted to Jill Weese, 
Department of Justice, PO Box 629, Raleigh, NC 27602-0629. 
All written comments must be received by August 14. 1997. 
Persons who wish to speak at the hearing should contact Ms. 
Weese at (919) 716-6864. Persons who call in advance of the 
hearing will be given priority on the speaker's list. Oral 
presentation lengths may be limited depending on the number 
of people that wish to speak at the public hearing. Only 
persons who have made comments at a public hearing or who 
have submitted written comments will be allowed to speak at 
the Commission meeting. Comments made at the Commission 
meeting must either clarify previous comments or proposed 
changes from staff pursuant to comments made during the 
public hearing process. 

IT IS VERY IMPORTANT THAT ALL INTERESTED AND 
POTENTIALLY AFFECTED PERSONS, GROUPS, 
BUSINESSES, ASSOCIATIONS, INSTITUTIONS OR 
AGENCIES MAKE THEIR VIEWS AND OPINIONS 
KNOWN TO THE COMMISSION FOR HEALTH 
SERVICES THROUGH THE PUBLIC HEARING AND 
COMMENT PROCESS, WHETHER THEY SUPPORT OR 
OPPOSE ANY OR ALL PROVISIONS OF THE PROPOSED 
RULES. THE COMMISSION MA Y MAKE CHANGES TO 
THE RULES AT THE COMMISSION MEETING IF THE 
CHANGES COMPLY WITH G.S. 150B-2I.2(f). 

Fiscal Note: These Rules do not have a substantial economic 



impact of at least five million dollars ($5,000,000) in a 12- 
month period. ISA NCAC 18A .1937 - .1938, .19S8, .1961; 
19 A .0201, .0203, .020S - These Rules do not affect the 
expenditures or revenues of state or local government finds . 
ISA NCAC 19A .0101 - .0102 - These Rules affect the 
expenditures or revenues of state and local government furuis. 
ISA NCAC 24A .0202 - This Rule affects the expenditures or 
revenues of state government funds. This Rule does not affect 
the expenditures or revenues of local government funds. 

CHAPTER 18 - ENVIRONMENTAL HEALTH 

SUBCHAPTER 18A - SANITATION 

SECTION .1900 - SEWAGE TREATMENT 
AND DISPOSAL SYSTEMS 

.1937 PERMITS 

(a) Any person owning or controlling a residence, place of 
business, or place of public assembly containing water-using 
fixtures connected to a water supph source shall discharge all 
wastewater directly to an approved wastewater system permitted 
for that specific use. 

tatlb] An Improvement Pcnnit Permit. Authorization for 
Wastewater System Construction (Construction Authorization) 
and Operation Permit, shall be required in accordance with 
G.S. 130A-336. 130A-336. G.S. 130A-337 and G.S. 130A- 
338. Rule .1949 of this Section shall be used to determine 
whether subsequent additi o ns or modifica t ions o r additions, 
modifications, or change in the type of facility increase sewage 
fknvT wastewater flow or alter wastewater characteristics. 



(b) The local health de p a r tment shall issu e an Im p rovemen t 
P e rmit only af t e r i t has d e t e rmined that the system is designed 
and can be installed so as to meet th e p rovisions of these Rules. 
An Improv e m e nt Pcimit sliall be valid fo r GO months from th e 
dat e of issu e . If the installa t ion has no t been com p leted du r ing 
that time p e r iod, the information submitted in the a pp lication 
for an Im pr ovement Pcniiii is falsified o r changed, o r the site 

is alte r ed, the p ermit shall b e come invalid. When an 

Im p rov e m e nt P e imii lia^ become invalid, the installation shall 
not b e comm e nced o r com p leted until a new Im pr ovemen t 
Permit has been obtain e d. 

(c) An application for an Improvement Permit or 
Construction Authorization, as applicable, shall be submitted 
to the local health department for each site prior to the 
construction, location, or relocation of a residence, place of 
business, or place of public assembly. Applications for systems 
required to be designed by a professional engineer and 
applications for industrial process wastewater systems shall 
meet the provisions of Rule .1938 of this Section. 

(1) The application for an Improvement Permit shall 
contain at least the following information: owner's 
name, mailing address, and phone number, location 
of property, plat of property or she plan, description 
of existing and proposed facilities or structures, 
number of bedrooms, or number of persons served. 
or other factors required to determine wastewater 



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62 



PROPOSED RULES 



ill 



system design flow or wastewater characteristics, 
type of water supply, and signature of owner or 
owner's legal representative. The applicant shall be 
responsible for identifv'ing property lines and fixed 
reference points in the field. The applicant shall 
make the site accessible for an eyaluation as required 
in Rule .1939 of this Section. The applicant shall be 
responsible for notifying the local health depanment 
on the application of the following: 

(A) the property contains previously identified 
jurisdictional wetlands: 

(B) wastewater other than sewage will be 
generated: or 

(C> the site is subject to approval by other public 
agencies. 

The application for a Construction Authorization 

shall contain: 

(A) the information required in Subparagraph ( 1 ) 
of this Paragraph: however, plat or site plan 
shall not be required with the application for 
a Construction Authorization to repair a 
previously permitted system when the repairs 
will be accomplished on property owned and 
controlled by the applicant and for which the 
property lines are readily identifiable in the 
field: 



IB] 



i£l 



the locations of the proposed facility, 
appurtenances, and the site for the system 
showing setbacks to property line(s> or other 
fixed reference point(s): and 
the proposed system type ^ specified by the 
owner or owner's legal representative and that 
meets the conditions of the Improvement 
Permit, the provisions of these Rules, and 
G.S. 13QA. Anicle 11. 



(c-) Application fo r an Imp r ovcinent Permit shall be 

submitt e d to th e l o cal health de p anmen t . The a pp lica t ion shall 



contain a t least the foUowi 



/ing intoi Illation. — name or owne r , 
mailing add re ss, loca t ion of pr o pe rty, p lat of pr o pe rty (if no t 
r eadily available t o local health de p artment), ty p e of facility. 
estimated sewage flow based on numbe r of bed r ooms o r 
numbe r of p e r sons se r v e d, ty p e of water supply, and signatu r e 

of own e r — or au t ho r ized agent. flit — a pp licant — shall b e 

r es p onsible fo r notifying the local health de p artment of any 
designated w e tland. 

(d) An authorized agent of DEHNR shall issue an 
Improvement Permit after determining that the site is suitable 
or provisionally suitable and tliat a system can be installed so 
as to meet the provisions of these Rules. The Improvement 
Permit shall include those items required in G.S. 130A-336(a). 
An Improvement Permit for which a plat is provided shall be 
valid without expiration and an Improvement Permit for which 
a site plan is provided shall be valid for 60 months from the 
dateof issue as provided in G.S. 130A-335(f) and G.S. 130A- 
336(a). The Improvement Permit is transferable to subsequent 
owners except as provided in G.S. 130A-335(f) and G.S. 
130A-336(a). 



(e) The Construction Authorization as provided in G.S. 
130A-335(f) and G.S. 130A-336(b) shall be valid for a period 
equal to the period of validity of the Improvement Permit, not 
to exceed 60 months. Site modifications required as conditions 
of an Improvement Permit shall be completed prior to the 
issuance of a Construction Authorization. The Construction 
Authorization shall be issued by an authorized agent for the 
installation of a wastewater system when it is found that the 
Improvement Permit conditions and rules in this Section are 
met. The Construction Authorization shall contain conditions 
regarding system type, system layout, location, and installation 
requirements. U shall be the responsibility of the propeny 
owner to ensure that a Construction Authorization is obtained 
and is valid prior to the construction or repair of a system and 
prior to the construction, location, or relocation of a residence, 
place of business, or place of public assembly. If the 
installation has not been completed during the period of validity 
of flie Construction Authorization, the information submitted 
in the application for a Permit or Construction Authorization is 
found to have been incorrect, falsified or changed, or the site 
is altered, the Permit or Construction Authorization shall 
become invalid and may be suspended or revoked. When a 
Permit or Construction Authorization has become invalid, 
suspended, or revoked, the installation shall not be commenced 
or completed until a new Permit or Construction Authorization 
has been obtained. Revised Construction Authorizations shall 
be issued for sites where Improvement Permits are valid 
without expiration in compliance with G.S. 130A-335(fl). 

tdt(f) Prior to the issuance of an Improvement Permit a 
Construction Authorization for a sanitary sewage wastewater 
system to serve a condominium or other multiple-ownership 
development where the system will be under common or joint 
control, a draft agreement (tri-party) among the local health 
department, developer, and a proposed non-profit, incorporated 
owners association shall be submitted to the local health 
department for approval. Prior to the issuance of an Operation 
Permit for a system requiring a tri-party agreement, the 
agreement shall be properly executed among the local health 
department, developer, and a non-profit, incorporated owners 
association and filed with the local register of deeds. The 
tri-party agreement shall address ownership transfer of 
ownership, maintenance, repairs, operation, and the necessary 
fimds for the continued satisfactory performance of the sanitary 
sewage wastewater system, including collection, treatment, 
disposal, and other appurtenances. 

tci — No r esidence, p lace of business, o r p lac e of p ublic 
assembly shall be occu p ied no r shall any sanitary sewage 
system be cove r ed o r p laced into use un t il the local health 
de p artment finds that the system is in com p liance with Article 
11 of G.S. Chapt e r 130A, these Rules, and all conditions 
prescribed by the Im p rov e m e nt P e rmi t , and issu e s a Ce r tifica t e 

of Com p l e tion o r an O p e r ation Permit. At the r eview 

f re quency s p ecified in Rule .1 9 61, Table V(a) of this Section, 
the local health de p artment s hall d e teimin e wheth er a sys t em 
with an O per ation Permit is o p e r ating pr o p e r ly and complies 
with the conditions of the O pe ration Peimit. The local health 
de p artm e nt may sus p end o r r evoke the O p e r ation Permit if it is 



63 



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12:2 



PROPOSED RULES 



Jtlti ' mined tha t t he system is no t opera t ing pr o p e r ly or is n o t 
in c o m p liance with Article 11 of G.S. Cha pt e r 13QA, t hese 
Rules, and all conditions imposed by t he O p e r a t ion Permi t . 
— (0 Upon determining tlia t an existijig sanitary sewage sys te m 
has a valid O p era t ion Peimit or a valid Certificate of 
Comple t ion and is opera t ing sa t isfacto r ily in a mobile home 
pa r k. — t he l o cal health departmen t shall issu e a w r itt e n 
autliorization f or a mobile home to be connected t o t he existing 
system and to be occu p ied. 

(g) No residence, place of business, or place of public 
assembly shall be occupied nor shall any wastewater system be 
covered or placed into use until an authorized agent issues an 
Operation Permit. The Operation Permit shall not be issued 
until the authorized agent finds that the system is in compliance 
with Article U. of G.S. Chapter 130A. these Rules, and all 
conditions prescribed by the Improvement Permit, and 
Construction Authorization. The Operation Permit shall 
specify the system type in accordance with Table V(a) of Rule 
.1961 of this Section, and shall include conditions for system 
performance, operation, maintenance, monitoring and 
reporting. At the review frequency specified in Rule .1961. 
Table V(a) of this Section, an authorized agent shall determine 
whether a system in compliance with the conditions of the 
Operation Permit, these Rules, and Article 11 of G.S. Chapter 
130A. An authorized agent may modify, suspend or revoke the 
Operation Permit or seek other remedies under Article 2^ 
Chapter 130A. if the system or is not in compliance with 
Article U of G.S. Chapter 130A. these Rules, and ali 
conditions imposed by the Operation Permit. 

(h) For a Type V or VI system as specified in Rule .1961. 
Table V(a) of Paragraph (b)(9) of this Section, the Operation 
Permit shall expire either: 

(i) 60 months after the Operation Permit is issued for 
any system installed after the effective date of these 
Rules, or 
(2) 60 months after the effective date of these Rules for 
any system with a valid Operation Permit issued on 
or prior to the effective date of these Rules. 

(h) Sys t ems which exceed 3,000 gall o ns p e r day and othe r 
sys t ems which ar e r e qui re d to b e d e sign e d by a prof e ssional 
engineer shall be reins p ec t cd annually. 

(i) Upon determining that an existing wastewater system in 
a manufactured home park has a valid Operation Permit and is 
in compliance with Article JJ. of G.S. Chapter 130A. these 
Rules, and permit conditions, the local health department shall 
issue a written authorization for a manufactured home to be 
connected to the existing system. 

(jltg) Any person other than the owner or controller of a 
residence, place of business, or place of public assembly, who 
engages in the business of constructing, installing, or repairing 
wastewater sanitary sewage systems shall register with the local 
health department in each county where he operates before 
constructing, installing, or repairing wastewater sanitary 
s ewag e systems. 

(kl The local heal t h de p a r tment An authorized agent shall 
prepare a written report with reference to the site and soil 
conditions required to be evaluated pursuant to this Section. 



When a permit is denied, the report shall be provided to the 
applicant. If modifications or alternatives are available, 
information shall be provided to the applicant. The report shall 
be signed and dated by t he local (autho r ized) sanitarian, an 
authorized agent of the State. 

Authority G.S. 130A-335(e) and (f). 

.1938 RESPONSIBILITIES 

(a) Tlie design, const r u ct ion, op e r ation, and maintenance of 
s e wag e t re a t men t and dis p osal sys t ems, whethe r se pt ic t ank 
sys t ems, — privies — or — alternative — systems, — shaH — be — the 
r es p onsibility of th e designe r , o wn er , develo p e r , installe r , or 
use r of the system as applicable. The permitting of wastewater 
system shall be the responsibility of agents authorized by the 
State and re gistered with the State of North Carolina Board of 
Sanitarian Examiners. 

(b> The person owning the system shall be responsible for 
assuring compliance with the laws, rules, and permit conditions 
regarding system location, installation, operation, maintenance, 
monitoring, reporting, and repair. 

f|y)(c) Actions of representatives of local health departments 
or the State engaged in the evaluation and determination of 
measures required to effect compliance with the provisions of 
this Section shall in no way be taken as a guarantee or warranty 
that sewage treatment and disposal systems approved and 
permitted will function in a satisfactory manner for any given 
period of time. Due to the development of clogging mats 
which adversely impact the life expectancy of normally 
functioning ground absorption sewage treatment and disposal 
systems and variables influencing system function which are 
beyond the scope of these Rules, no guarantee or warranty is 
implied or given that a sewage treatment and disposal system 
will function in a satisfactory manner for any specific period of 
time. 

fct(d) Prior to the issuance of an Improvement Permit or 
Construction Authorization, plans and specifications prepared 
by a person with a demonstrated knowledge of sanitary s e wag e 
collec t ion, t reatment, and disposal wastewater systems, soil 
science, and rock characteristics, ground-water hydrology, and 
drainage systems may be required for review and approval by 
the local health department when there is an unsuitable soil or 
unsuitable characteristic and shall be required for: 

(1) alternative and iimovative systems not specifically 
described in this Section, and 

(2) drainage systems serving two or more lots. 

(d)(e} Any sanitary sewage wastewater system which meets 
one or more of the following conditions shall be designed by a 
registered professional engineer: 

(1) The system is designed to handle over 3,000 gallons 
per day, as determined in Rule .1949(a) or (b) of this 
Section, except where the system is limited to an 
individual septic tank system serving an individual 
dwelling unit or several individual septic tank 
systems, each serving an individual dwelling unit. 

(2) The system requires pr et r eatmen t , pretreatment 
before disposal, other than by a conventional septic 



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64 



PROPOSED RULES 



t ank, before dis p osal, or other system approved 
under Rules .1957 or .1969 of this Section. 

(3) The system requires use of sewage pumps prior to 
the septic tank or other pretreatment system, except 
for systems subject to the North Carolina Plumbing 
Code, code or which consist of grinder pumps and 
associated pump basms that are approved and listed 
in accordance with standards adapted by the National 
Sanitation Foundation. 

(4) The individual system requi r es is requiring this 
Section to use of more than one pump or siphon. 
siphon in a sin gle pump tank. 

(5) The system includes a collection sewer, prior to the 
septic tank or other pretreatment system, which 
serves two or more buildings, except for systems 
subject to the North Carolina Plumbing Code. 

(6) The system includes structures which have not been 
pre-engineered. 

(7) The system is designed for the collection, treatment 
and disposal of industrial process wastewater, except 
under the following circumstances: 

(A) the State has determined that the wastewater 
generated b^; the proposed facility has a 
pollutant strength which is lower than or equal 
to domestic sewage, and does not require 
specialized pretreatment or management, or 

(B) the State has pre-approved a predesigned 
pretreatment system or process and 
management method proposed by the facility 
owner which shall enable the industrial 
process wastewater to have a pollutant 
strength which is lower than or qual to 
domestic sewage. 

ffl(8) Any other system serving a business or multi-family 
dwelling so specified by the local health department. 
<r)lfl An improv e m e n t pe rmit shall no t b e issued unless the 
p lans and s p ecifica t ions, including me t hods o f o per ation and 
maintenance, are approv e d. Th e s t a te shall review and approve 
The State shall review and approve the system layout on a site 
plan or plat, plans and specifications for all systems serving a 
design unit with a design flow greater than 3,000 gallons per 
day, as determined in Rule .1949 (a) or (b) of this Section, 
rrcqTt except: 

(1) where the system is limited to an individual septic 
tank system serving an individual dwelling unit or 
several individual septic tank systems, each serving 
an individual dwelling tmrtr unit, or 

(2) where the system consists of individual septic tank 
systems, each serving an individual facility, and 
which meets all of the following criteria: 

(A) each individual system's design flow does not 
exceed 1500 gallons per day, as determined in 
Rule .1949(a) or (b) of this Section. 

£Bj the site for tlie nitrification field and repair 
area for each individual system is at least 50 
feet from any other individual system site, and 

(C) the design wastewater loading on tlie lot or 



tract of land containing the design unit is less 
than 1200 gallons p er day per acre. 
The state shall also review and approve plans and specifications 
for any industrial process wastewater system required by this 
Section to be designed bv a registered professional engineer and 
any other system so specified by the local health department. 
Prior to issuance of t he operation permit foi & system designed 
by a r egiste r ed pr ofessional enginee r , the o wner shall submi t t o 
the local health de p artm e nt a s t atemen t signed by a regis t ered 
professional enginee r stating tha t cons t ruc t ion is comple t e and 
in accordance wi t h a p proved p lans and specifica t ions and 
approv e d modifica t i o ns. Pe r iodic observa t i o ns of const r uc t i o n 
and a final ins p ection f or design c o mpliance by t he certi f ying 
r egis t e r ed pr ofessional e ngineer or his representative shall b e 
required fo r this s t atement. The s t atemen t shall be affixed with 
the r egis t e r ed pr ofessional enginee r 's seal. 

(g) An improvement permit shall not be issued unless the site 
plan or plat and system layout, including details for any 
proposed site modifications, are a pproved. A Construction 
Authorization shall not be issued unless plans and 
specifications, including methods of operation and 
maintenance, are approved. 

(h) Prior to issuance of the operation permit for a system 
designed by a registered professional engineer, the owner shall 
submit to the local health department a statement signed by a 
registered professional engineer stating that construction is 
complete and in accordance with approved plans and 
specifications and approved modifications. Periodic 
observations of construction and a final inspection for design 
compliance by the certifying registered professional engineer or 
his representative shall be required for this statement. The 
statement shall be affixed with the registered professional 
engineer's seal. 

(ftiiJ Plans and specifications r equi r ed t o be p repared by a 
r egistered p rofessional enginee r shall contain all necessary 
information for construction of the system in accordance with 
applicable rules and laws and shall include at least one or more 
of the following, as determined to be applicable by the local 
health department or the State: 

(1) the enginee r 's seal, signature, and signature of the 
licenced or registered professional and the date on all 
plans and the first sheet of specifications; 

(2) a description of the facilities served and the 
calculations and basis for the design flow proposed; 

(3) a site plan based on a surveyed plat showing all 
system components, public water supply sources 
within 500 feet, private water supplies and surface 
water supplies within 200 feet, water lines serving 
the project and within ten feet of all components, 
building foundations, basements, property lines, 
embankments or cuts of two feet or more in vertical 
height, swimming pools, storm sewers, interceptor 
drains, surface drainage ditches, and adjacent 
nitrification fields; 

(4) specifications describing all materials to be used, 
methods of construction, means for assuring the 
quality and integrity of the finished product, and 



65 



NORTH CAROLINA REGISTER 



July 15, 1997 



12:2 



PROPOSED RULES 



operation and maintenance procedures addressing 
requirements for the system operator, inspection 
schedules, residuals management provisions, process 
and performance monitoring schedules, and 
provisions for maintaining mechanical components 
and nitrification field vegetative cover; 

(5) plan and profile drawings for collection sewers, force 
mains and supply lines, showing pipe diameter, 
depth of cover, cleanout and manhole locations, 
invert and ground surface elevations, valves and 
other appurtenances, lateral connections, proximity 
to utilities and pertinent features such as wells, water 
lines, storm drains, surface waters, structures, roads, 
and other trafficked areas; 

(6) plans for all tanks, showing capacity, invert and 
groimd elevations, access manholes, inlet and outlet 
details, and plans for built-in-place or 
nonstate-approved, precast tanks, also showing 
dimensions, reinforcement details, liquid depth, and 
other pertinent construction features; 

(7) calculations for pump or siphon sizing, pump curves, 
and plan and profile drawings for lift stations and 
effluent dosing tanks, showing anti-buoyancy 
provisions, pump or siphon locations, discharge 
piping, valves, vents, pump controls, pump removal 
system, electrical connection details, and activation 
levels for pumps or siphons and high-water alarms; 

(8) plan and profile drawings for wastewater treatment 
plants and other pretreatment systems, including 
cross-section views of all relevant system 
components, and data and contact lists from 
comparable facilities for any non-standard systems; 

(9) plans for nitrification field and repair area area, 
based on an evaluation and report prepared by a 
licensed soil scientist, showing the following: 

(A) field locations with existing and final relative 
contour lines based on field measurements at 
intervals not exceeding two feet or spot 
elevations if field areas are essentially flat or 
of uniform grade; 

(B) field layout, pipe sizes, length, spacing, 
connection and clean out details, invert 
elevations of flow distribution devices and 
laterals, valves, and appurtenances; 

(C) trench plan and profile drawings and flow 
distribution device details; and 

(D) location and design of associated surface and 
groundwater drainage systems; and 

(10) any other information required by the local health 
department or the State. 

fg){i} The entire sanitary wastewater sewage system shall be 
on property owned or controlled by the person owning or 
controlling the system. Necessary easemen t s easements, right 
of ways, or encroachment agreements, as applicable, shall be 
obtained p ermi tt ing the use and unlimi t ed access f or ins p ection 
and main t enance ^f all ponions of t he sys t em t o which t h e 
o wner and o p era t or d o not hold undispu t ed t i t le. — Cas e m e nts 



shall r emain valid as long as t he system is r equi r ed and shall be 
recorded with th e coun t y r egiste r of deeds, prior to the issuance 
of a Construction Authorization for the system installation or 
repair. Terms of the easement, right-of-way or encroachment 
agreement shall provide that the easement, right-of-way, or 
encroachment agreement: 

(1) is appurtenant to specifically described property and 
runs with the land and is not affected by change of 
ownership or control: 

(2) is valid for as long as the wastewater system is 
required for the facility that it is designed to serve: 

(3) describes and specifies the uses being granted and 
shall include in gress and egress, system installation, 
operation, maintenance, monitoring, and repairs: 

(4) specifies by metes and bounds description or attached 
plat, the area or site required for the wastewater 
system and appurtenances including a site for any 
required system replacement: and 

(5) shall be recorded with the register of deeds in the 
county where the system and facility is located. 

Authority G.S. 130A-335(e) and (f). 

. 1 958 NON-GROUND ABSORPTION 

SEWAGE TREATMENT SYSTEMS 

(a) Where an approved privy, an approved septic tank 
system, or a connection to an approved public or community 
sewage system is impossible or impractical, this Section shall 
not prohibit the state or local health department from permitting 
approved non-ground absorption treatment systems utilizing 
heat or other approved means for reducing the toilet contents to 
an inert or stabilized residue or to an otherwise harmless 
condition, rendering such contents noninfectious or 
noncontaminating. Alternative systems shall be designed to 
comply with the purposes and intent of this Section. 

(b) Holding tanks shall not be considered as an acceptable 
sewage treatment and disposal system. An improvement permit 
shall not be issued for a sewage holding t ank, tank for any new 
construction. However. An Authorization to Construct may be 
issued for a holding tank for pumping and hauling of 
wastewater effluent to a wastewater system approved under this 
Section when the owner has provided a showing that a 
malfunctioning system cannot otherwise be repaired by 
connection to a system approved under this Section or to a 
system approved under the rules of the Environmental 
Management Commission. Pumping and hauling wastewater 
effluent shall be performed by a septage management firm 
permitted in accordance with G.S. 130A-291.1 

(c) Incinerating, composting, vault privies, and mechanical 
toilets shall be approved by the state agency or local health 
department only when all of the sewage will receive adequate 
treatment and disposal. 

(d) Sewage recycling systems which discharge treated 
waste-water meeting the state drinking water standards may be 
used only for toilet flushing and recycled sewage shall not be 
used for body contact or human consumption. Such systems 
must be specifically approved by the state or local health 



12:2 



NORTH CAROLINA REGISTER 



July 15, 1997 



66 



PROPOSED RULES 



department. 

(e) Chemical or portable toilets for human waste may be 
used at mass gatherings, construction sites, and labor work 
can^s. Chemical or portable toilets proposed for use at a labor 
work camp shall have an operation permit from the local health 
department upon a showing by the owner or controller that the 
chemical or portable toilet shall be maintained in a sanitary 
condition. Chemical or portable toilets shall have a watertight 
waste receptacle constructed of nonabsorbent, acid resistant, 
noncorrosive material. The chemical or portable toilet waste 
collected shall be discharged into an approved sewage treatment 
and disposal system. 

Authority G.S. 130A-335(e) and (f). 

. 1961 MAINTENANCE OF SEWAGE SYSTEMS 

(a) Any person owning or controlling the property upon 
which a ground absorption sewage treatment and disposal 
system is installed shall be responsible for the following items 
regarding the maintenance of the system: 

(1) Ground absorption sewage treatment and disposal 
systems shall be operated and maintained a t all t imes 
to prevent see p age or discharge o f sewag e or e ffluent 
to t he surface of t he ground or to su r fac e wa t e r s, the 
following conditions: 

(A) a discharge of sewage or effluent to the 

surface of the ground, the surface waters, or 

directly into ground water at any time: or 

£B) a back-up of sewage or effluent into the 

facility, building drains, collection system, or 

freeboard volume of the tanks: or 

(C) a free liquid surface within three inches of 

finished grade over the nitrification trench for 

two or more observations made not less than 

24 hours apart. Observations shall be made 

no greater than 24 hours after a rainfall event. 

The system shall be considered to be malfunctioning 

when if fails to meet one or more of these 

requirements, either continuously or intermittently. 

or if it is necessary to remove the contents of the 

tank(s) at a frequency greater than once per month in 

order to satisfy the conditions of (A). (B). or (C) of 

this Paragraph. 

(2) Ground absorption sewage treatment and disposal 
systems shall be checked, and the contents of the 
septic tank r emoved, — p e r iodically from all 
compartments, to ensure proper operation of the 
system. The contents shall be pumped whenever the 
solids level is found to be more than 1/3 of the liquid 
depth in any compartment. 

(b) System management in accordance with Tables V(a) and 
V(b) of this Rule shall be required for all systems installed or 
repaired after July 1, 1992. After July 1, 1992, system 
management in accordance with Tables V(a) and V(b) shall be 
required for all existing Type V and Type VI systems. 

(1) Afte r July 1, 1 99 2, no No Improvement Permit or 
Construction Authorization shall be issued for Type 



IV, Type V, or Type VI systems, unless a 
management entity of the type specified in Table 
V(b) is specifically authorized, funded, and 
operational to carry out this management program in 
the service area where the proposed system is to be 
located. 

(2) A local health department may be a the public 
management entity only for systems classified Type 
IV, V(a) and V(b) and only when specifically 
authorized by resolution of the local board of health. 

(3) A contract shall be executed between the system 
owner and a management entity prior to the issuance 
of an Operation Permit for a system required to be 
maintained by a public or private management en t i t y. 
unless the system owner and management entity are 
the same person. The contract shall include the 
specific requirements for maintenance and operation, 
responsibilities of the owner and system operator, 
provisions that the contract shall be in effect for as 
long as the system is in use, and other requirements 
for the continued proper performance of the system. 
It shall also be a condition of the Operation Permit 
that subsequent owners of the system execute such a 
contract. 

(4) Inspections of the system shall be performed by a 
management entity at the frequency specified in 
Table V(b). The management entity shall report the 
results of their inspections to the local health 
department at the specified reporting frequency. 
However, where inspections indicate the need for 
system repairs, the management entity shall notify 
the local health department within 48 hours in order 
to obtain-an Im pr ovement Permit a Construction 
Authorization for the repairs. 

(5) The management entity shall be responsible for 
assuring routine maintenance procedures and 
monitoring requirements in accordance with the 
conditions of the Operation Permit and the contract. 

(6) Sewage systems with multiple components shall be 
classified by their highest or most complex system 
type in accordance with Table V to determine local 
health department and management entity 
responsibilities. 

(7) Sewage systems not identified in this Rule shall be 
classified by the Division of Environmental Health 
after consultation with the appropriate commission 
governing operators of pollution control facilities. 

(8) The local health department shall routinely review 
the performance and operation reports submitted in 
accordance with Table V(b) of this Rule and shall 
perform an on-site inspection of the systems as 
required in Table V(a). 

(9) The certified operator shall hold a valid and current 
certificate from the appropriate commission, and 
nothing No t hing in this Section shall preclude any 
requirements for system opera to rs imposed operators. 
in accordance with Article 3 of G.S. 90 A. 



67 



NORTH CAROLINA REGISTER 



July 15, 1997 



12:2 



PROPOSED RULES 



System 
Classification 



TABLE V(a) 
LOCAL HEALTH DEPARTMENT RESPONSIBILITIES 



System 
Description 



Permits 
Required 



Minimum 
System 
Review 
Frequency 



Type I 



a. Privy 

b. Chemical toilet 

c. Incinerating toilet 

d. Other toilet system 

e. Grease trap 



Improvement 

Permtt Permit. Construction 

Authorization, and Operation 

Permit 



N/A 



Type II 



a. Conventional septic system 
(single-family or 480 GPD 
or less) 

b. Conventional septic system 
with 750 linear feet of 
nitrification line or less 

c. Conventional system with 
shallow placement 



Improvement Permi t 
Permit. Construction 
Authorization, and Cer t ifica t e 
of Operation Permit 
Compl e tion 



N/A 



Type III 



a. Conventional septic system 
> 480 GPD (excluding 
single-family residence) 

b. Septic system with 
single effluent pump 
or siphon 

c. Gravity fill system 

d. Dual gravity field system 

e. PPBPS system, gravity dosed 
f Large diameter pipe system 
g. Other non-conventional 

trench systems 



Improvement P e iiuit 
Permit. Construction 
Authorization, and Operation 
Permit 



5yrs. (Illb only) 



Type IV 



a. Any system with LPP 
distribution 

b. System with more than 

1 pump or siphon 



Improvement Pciiiiit 
Permit. Construction 
Authorization, and Operation 
Permit 



3 yrs. 



Type V 



a. Sand filter pretreatment 
system 

b. Any > 3,000-GPD septic 
tank system with a 
nitrification field 
designed for > 1500 GPD 

c. Aerobic Treatment Unit (ATU) 

d. Other mechanical, biological, 
or chemical pretreatment plant 
(< 3000 GPD) 



Improvement Peiiiiit 
Permit. Construction 
Authorization, and Operation 
Permit 



12 mos. 



Type VI 



a. Any > 3,000 GPD system 
with mechanical, biological, 
or chemical pretreatment 
system plant 

b. Wastewater reuse/recycle 



Improvement Pcnnit 
Permit. Construction 
Authorization, and Operation 
Permit 



6 mos. 



TABLE V(b) 



72:2 



NORTH CAROLINA REGISTER 



July 15, 1997 



68 



PROPOSED RULES 



MANAGEMENT ENTITY RESPONSIBILITIES 



System 
Classification 



Management 
Entity 



Minimum System 
Inspection/Maintenance 
Frequency 



Type IV Public Management 
Entity With a 
Cenified Operator or a 
Private Cenified Operator 



2/yr. 



Reporting 
Frequency 



Type I 


Owner 


N/A 


N/A 


Type II 


Owner 


N/A 


N/A 


Type III 


Owner 


N/A 


N/A 



12 mos. 



Type V Public Management 

(a) & (b) Entity With a 

Certified Operator or a 
Private Certified Operator 



(c) & (d) Public Management Entity 
With Cenified Operator 



a. 2/yr (0-1500 GPD) 
4/yr (1500-3000 GPD) 
12/yr (3000-10000 GPD) 
l/wk(> 1 0000 GPD) 

b. 12/yr (3000-10000 GPD) 
l/wk(> 10000 GPD) 

c. 4/yr. 

d. 12/yr. 



6 mos. 



Type VI Public Management Entity 

With a Cenified Operator 



a. l/wk(3000-10000GPD) 
2/wk( 10000-25000 GPD) 
3/wk(25000-50000GPD) 
5/wk( > 75000 GPD) 

b. 12/vr. 



3 mos. 



(c) A sewage collection, treatment, and disposal system that 
creates or has created a public health hazard or nuisance by 
surfacing of effluent or discharge directly into ground water or 
surface waters, or that is panially or totally destroyed shall be 
repaired within 30 days of notification by the state or local 
health depanment unless the notification otherwise specifies a 
repair period in writing. If a system described in the preceding 
sentence has for any reason been discormected, the system shall 
be repaired prior to reuse. The state or local health depanment 
shall use its best professional judgement in requiring repairs 
thai will reasonably enable the system to function properly. If, 
for any reason, a sewage collection, treatment, and disposal 
system is found to be nonrepairable, the system shall not be 
osed: used, and may be required to be abandoned as directed by 
the authorized agent to protect the public health and safety. 

(d) When necessary to protect the public health, the state or 
local health depanment may require the owner or controller of 
a malfunctioning system to pump and haul sewage to an 
approved sanitary sewage, wastewater system during the time 
needed to repair the system. 

Authority G.S. 130A-335(e) and (f). 

CHAPTER 19 - HEALTH: EPIDEMIOLOGY 

SUBCHAPTER 19A - COM\nJNICABLE 
DISEASE CONTROL 

SECTION .0100 - REPORTING OF 
COMMUNICABLE DISEASES 



.0101 REPORTABLE DISEASES AND 
CONDITIONS 

(a) The following named diseases and conditions are 
declared to be dangerous to the public health and are hereby 
made reponable within the time period specified after the 
disease or condition is reasonably suspected to exist: 

(1) acquired immune deficiency syndrome (AIDS) - 7 

days; 
(?^ amebiasis - 7 days; 



ill 
t5lt3J 
mt5) 

121 

tw)am 

rt^(li) 

(13) 
(14) 
(15) 



<4^(17) 



t^^anthrax - 24 hours; 

blas t omycosis - 7 days; 

botulism - 24 hours; 

brucellosis - 7 days; 

Campylobacter infection - 24 hours; 

chancroid - 24 hours; 

chlamydial infection (laboratory confirmed) - 7 days; 

cholera - 24 hours; 

cryptosporidiosis i 24 hours: 

dengue - 7 days; 

diphtheria - 24 hours; 

E. coli 0157:H7 infection - 24 hours; 

ehrlichiosis ; 7 days: 

encephalitis, arboviral - 7 days; 

enterococci. vancomvcin-resistant. from normally 

sterile site - 24 hours: 

foodbome disease, including but not limited to 

Clostridium perfringens, staphylococcal, and Bacillus 

cereus - 24 hours; 

gonorrhea - 24 hours: 

granuloma inguinale - 24 hours; 



69 



NORTH CAROLINA REGISTER 



July 15, 1997 



12:2 



PROPOSED RULES 



Haemophilus influenzae, invasive disease - 24 hours; 

Hemolytic-uremic syndrome/thrombotic 

thrombocytopenic purpura - 24 hours: 

hepatitis A - 24 hours; 

hepatitis B - 24 hours; 

hepatitis B carriage - 7 days; 

hepatitis C. acute - 7 days: 
— hepa t i t is non-A, non-D - 7 days ; 

human immunodeficiency virus (HIV) infection 

confirmed - 7 days; 

legionellosis - 7 days; 
— lep r osy - 7 days ; 

leptospirosis - 7 days; 

Lyme disease - 7 days; 

lymphogranuloma venereum - 7 days; 

malaria - 7 days; 

measles (rubeola) - 24 hours; 

meningitis, pneumococcal - 7 days; 
— meningitis, viral (ase pt ic) - 7 days ; 
(33) meningococcal disease - 24 hours; 
f34) mucocu t aneous lymph node synd r ome (Kawasaki 

syndrome) - 7 days; 

mumps - 7 days; 

nongonococcal urethritis - 7 days; 

plague - 24 hours; 

paralytic poliomyelitis - 24 hours; 

psittacosis - 7 days; 

Q fever - 7 days; 

rabies, human - 24 hours; 

R e ye's synd ro me - 7 days ; 

Rocky Mountain spotted fever - 7 days; 

rubella - 24 hours; 

rubella congenital syndrome - 7 days; 

salmonellosis - 24 hours; 

shigellosis - 24 hours; 

streptococcal infection. Group A. invasive disease - 

7 days: 
(49)(£7] syphilis - 24 hours; 
(49)1481 tetanus - 7 days; 
(50)(49) toxic shock syndrome - 7 days; 

(50) toxoplasmosis, congenital - 7 days: 

(51) trichinosis - 7 days; 

(52) tuberculosis - 24 hours; 

(53) tularemia - 24 hours; 

(54) typhoid - 24 hours; 

(55) typhoid carriage (Salmonella typhi) - 7 days; 

(56) typhus, epidemic (louse-borne) - 7 days; 

(57) vibrio infection (other than cholera) - 24 hours: 
f5?)£58} whooping cough - 24 hours; 

(58)159} yellow fever - 7 days. 

(b) For purposes of reporting; confirmed human 
immunodeficiency virus infection (HIV) is defined as a positive 
virus culture; repeatedly reactive EIA antibody test confirmed 
by western blot or indirect immunofluorescent antibody test; 
PCR; or other confirmed testing method approved by the 
Director of the State Public Health Laboratory conducted on or 
after February 1, 1990. In selecting additional tests for 



approval, the Director of the State Public Health Laboratory 
shall consider whether such tests have been approved by the 
federal Food and Drug Administration, recommended by the 
federal Centers for Disease Control and Prevention, and 
endorsed by the Association of State and Territorial Public 
Health Laboratory Directors. 

(c) In addition to the laboratory reports specified in G.S. 
130A-139, laboratories shall report, repor t isolates o f E. coli 
0157 : 117. 



m 



m 



Isolation or other specific identification of the 
following organisms or their products from human 
clinical specimens: 



lAl 
ffil 
IQ 

£m 

IE] 

IF] 
IGl 

tm 

m 
m 

IKl 
ID 



IMl 
iNj 

IQJ 

im 

lEl 

£S1 



Any hantavirus. 

Bacillus anthracis. the cause of anthrax. 

Bordetella pertussis, the cause of whooping 

cough (penussis). 

Brucella spp.. the causes of brucellosis. 

Campylobacter spp.. the causes of 

campy lobacteriosis. 

Clostridium botulinmn. a cause of botulism. 

Clostridium tetani. the cause of tetanus. 

Corynebacterium diphtheriae. the cause of 

diphtheria. 

Coxiella burnetii, the cause of O fever. 

Cryptosporidium pan'um. the cause of human 

crvptosporidiosis. 

Ehrlichia spp.. the causes of ehrlichiosis. 

Escherichia coli 0157:H7. a cause of 

hemorrhagic colitis, hemolytic uremic 

syndrome, and thrombotic thrombocytopenic 

purpura. 

Hepatitis B virus or any component thereof. 

such as hepatitis B surface antigen. 

Human immunodeficiency virus, the virus 

associated with AIDS 

Le gionella spp.. the causes of legionellosis. 

Leptospira spp.. the causes of leptospirosis. 



m 
im 

lYl 
iwi 

1X1 



Pasteurella tularensis. the cause of tularemia. 

Rabies virus. 

Rickettsia rickettsii. the cause of Rocky 

Mountain spotted fever. 

Salmonella spp.. the causes of salmonellosis. 

Shi gella spp. . the causes of shigellosis. 

Trichinella spiralis, the cause of trichinosis. 

Vibrio spp.. the causes of cholera and other 

vibrioses. 

Yersinia pestis. the cause of plague. 
Isolation or other specific identification of the 
following organisms from normally sterile human 
body sites: 
(A) Group A Streptococcus pyogenes (group A 

streptococci). 

Haemophilus influenzae, serotype b^ 

Neisseria meningitidis, the cause of 

meningococcal disease. 
(D) Vancomycin-resistant Enterococcus spp. 
(3) Positive serologic test results, as specified, for the 



£B1 
ICl 



12:2 



NORTH CAROLINA REGISTER 



July 15, 1997 



70 



PROPOSED RULES 



following infections: 

(A) Fourfold or greater changes in serum antibody 
titers to: 

£i} Any arthropod-borne viruses associated 

with meningitis or encephalitis in a 

human. 
(ii) Any hantavirus. 
Ciii) Chlamydia psittaci. the cause of 

psittacosis, 
(iv) Coxiella bumeni, the cause of fever, 
(v) Dengue virus, 
(vi) Ehrlichia spp.. the causes of 

ehrlichiosis, 
(vii) Measles (rubeola) virus, 
(viii) Mumps virus. 
(ix) Rickettsia rickettsii. the cause of Rocky 

Mountain spotted fever, 
(x) Rubella virus. 

(B) The presence of IgM serum antibodies to: 

tij Hepatitis A virus. 

(ii) Hepatitis B virus core antigen. 
(iii) Rubella virus, 
(iv) Rubeola (measles) virus. 

Authority G.S. 130A-134; 130A-135; 130A-141. 

.0102 METHOD OF REPORTEVG 

(a) When a report of a disease or condition is required to be 
made pursuant to G.S. 130A-135 through G.S. 130A-139 and 
15A NCAC 19A .0101, the report shall be made to the local 
health director as follows: 

(1) For diseases and conditions required to be reported 
within 24 hours, the initial repon shall be made by 
telephone, and the report required by Subparagraph 
(2) of this Rule shall be made within seven days. 

(2) In addition to the requirements of Subparagraph (1) 
of this Rule, the report shall be made on the 
commimicable disease report card or in an electronic 
format provided by the Division of Epidemiology 
and shall include the name and address of the patient, 
the name and address of any minor's parent or 
guardian, and all other pertinent epidemiologic 
information. 

(3) Until September 1, 1994, reports of cases of 
confirmed HIV infection identified by anonymous 
tests that are conducted at HIV testing sites 
designated by the State Health Director pursuant to 
15A NCAC 19A .0202(10) shall be made on forms 
provided by the Department for that purpose. No 
communicable disease repon card shall be required. 
Effective September 1, 1994, anonymous testing 
shall be discontinued and all cases of confirmed HIV 
infection shall be reported in accordance with 15 A 
NCAC 19A .0102(a)(1) and (2). 

(4) In addition to the requirements of Subparagraphs ( 1 ) 
and (2) of this Rule, forms or electronic formats 
provided by the Division of Epidemiology for 



collection of information necessary for disease 
control and documentation of clinical and 
epidemiologic information about the cases shall be 
completed and submitted for the reportable diseases 
and conditions identified in 15A NCAC 19A 
.0101(1), m-, 1£L t«>7 (19), (26)7 (21), (22), (23), 
(24), (25), (26), (27), {28L (29); (30), (31), £32L 
(33), (34), a5>7 OIL (38), (39h (HL (42), (43), 
(44), (45), £48L (49), (56^ (51). (52), (53), (54), 
(55), and (5^ (581 
(5) Communicable disease report cards, cards and 
suiA'eillance forms forms, and electronic formats are 
available from the Surveillance Unit, N.C. Division 
of Epidemiology, P.O. Box 27687. 29601. Raleigh, 
N.C. 27611, 27626-0601. (919) 733-3419. and from 
local health departments. 

(b) Notwithstanding the time frames established in 15A 
NCAC 19A .0101 a restaurant or other food or drink 
establishment is required to report all outbreaks or suspected 
outbreaks of foodbome illness in its customers or employees 
and all suspected cases of foodbome disease or foodbome 
condition in food-handlers at the establishment by telephone to 
the local health department within 24 hours in accordance with 
Subparagraph (a)( 1) of this Rule. However, the establishment 
is not required to submit a report card or surveillance form 
pursuant to Subparagraphs (a)(2) and (a)(4) of this Rule. 

(c) For the purposes of reporting by restaurants and other 
food or drink establishments pursuant to G.S. 130A-138, the 
diseases and conditions to be reported shall be those listed in 
15A NCAC 19A .0101 (iL (5). t^ iSL liL t+Otr illL t«^ 
LL6L tt5+7 t^etr OIL (44L t4?tT (45L (48^ iilL (52^ (5£L 
(55), and (5^ 1571 

(d) Laboratories required to report test results pursuant to 
G.S. 130A-139 and 15A NCAC 19A .0101(c) shall report as 
follows: 

(1) The results of the specified tests for syphilis and 
gonorrhea shall be reported to the local health 
department by the first and fifteenth of each month. 
Reports of the results of the specified tests for 
gonorrhea and syphilis shall include the specimen 
collection date, the patient's age, race, and sex, and 
the submitting physician's name, address, and 
telephone numbers. 

(2) Positive darkfield examinations for syphilis and STS 
titers of 1:16 and above shall be reported within 24 
hours by telephone to the HIV/STD Control Branch 
at (919) 733-7301, or the HIV/STD Control Branch 
Regional Office where the laboratory is located. 

f3) Positive tube rc ulosis lest r esults shall bit reponed to 

the Tuberculosis Control Branch on a foiin provided 
by the De p artmen t within seven days. 

f4) Positiv e cul t u re s fo r C. coli 0157 : 117 shall be 

r ep or ted — within — 24 — hou r s — of — isolation — to th e 
Communicable Dis e as e Control S e ction. 

(3) With the exception of positive laboratory tests for 
human immunodeficiency virus, positive laboratory 
tests as defmed in G.S. 130A-139( 1 ) and 15A NCAC 



71 



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July 15, 1997 



12:2 



PROPOSED RULES 



19A .0101(c) shall be reported to the General 
Communicable Disease Control Section within the 
time periods specified for each reportable disease or 
condition in JSA NCAC 19A .0101(a). Reports 
shall include as much of the following information as 
the laboratory possesses: the specific name of the 
test performed: the source of the specimen: the 
collection date(s): the patient's name, age, race, and 
sex: and the submitting physician's name, address, 
and telephone number. Confirmed positive 
laboratory tests for human immunodeficiency yirus 
as defined in I5A NCAC 19A .0101(b) shall be 
reported to the HIV/STD Control Section within 
seyen days of obtaining reportable test results. 
Reports shall include as much of the following 
information as the laboratory possesses: the specific 
name of the test performed: the source of the 
specimen: the collection date(s): the patient's name, 
age, race, and sex: and the submitting physician's 
name, address, and telephone number. 

Authority G.S. 130A-134; 130A-135; 130A-138; 130A-139; 
130A-141. 

SECTION .0200 - CONTROL MEASURES 
FOR COMMUNICABLE DISEASES 

.0201 CONTROL MEASURES - GENERAL 

(a) Except as provided in Rules .0202 - .0209 of this 
Section, the recommendations and guidelines for testing, 
diagnosis, treatment, follow-up, and prevention of transmission 
for each disease and condition specified by the American Public 
Health Association in its publication. Control of Communicable 
Diseases in Man Manual shall be the required control measures. 
Control of Communicable Diseases in Man Manual is hereby 
incorporated by reference including subsequent amendments 
and editions. Copies of this publication are available may be 
purchased from the American Public Health Association, 
Publication Sales. Department C, P.O. Box 753. Waldorf 
Maryland 20604-0753 for a cost of twenty-two dollars ($22.00) 
each plus five dollars ($5.00) shipping and handling. 
Dcpai -t mcm JC, 1015 15th S t ree t , N.W., Washington, DC 
20005 for a c o s t of Fifteen dollars ($15.00) each p lus th r ee 
d o llars ($3.00) shi pp ing and handling. A copy is available for 
inspection in the Communicable Disease Control Section, 
Cooper Memorial Health Building, 225 N. McDowell Street, 
Raleigh, North Carolina 27011. 27603-1382. 

(b) In interpreting and implementing the specific control 
measures adopted in Paragraph (a) of this Rule, and in devising 
control measures for outbreaks designated by the State Health 
Director and for communicable diseases and conditions for 
which a specific control measure is not provided by this Rule, 
the following principles shall be used: 

(1) control measures shall be those which can reasonably 
be expected to decrease the risk of transmission and 
which are consistent with recent scientific and public 
health information: 



(2) for diseases or conditions transmitted by the airborne 
route, the control measures shall require physical 
isolation for the duration of infectivity: 

(3) for diseases or conditions transmitted by the 
fecal-oral route, the control measures shall require 
exclusions from situations in which transmission can 
be reasonably expected to occur, such as work as a 
paid or voluntary food handler or attendance or work 
in a day care center for the duration of infectivity; 

(4) for diseases or conditions transmitted by sexual or 
the blood-bome route, control measures shall require 
prohibition of donation of blood, tissue, organs, or 
semen, needle-sharing, and sexual contact in a 
manner likely to result in transmission for the 
duration of infectivity. 

(c) Persons with congenital rubella syndrome, tuberculosis, 
and carriers of Salmonella typhi and hepatitis B who change 
residence to a different local health department jurisdiction 
shall notify the local health director in both jurisdictions. 

(d) Isolation and quarantine orders for communicable 
diseases and communicable conditions for which control 
measures have been established shall require compliance with 
applicable control measures and shall state penalties for failure 
to comply. These isolation and quarantine orders may be no 
more restrictive than the applicable control measures. 

(e) An individual enrolled in an epidemiologic or clinical 
study shall not be required to meet the provisions of 15 A 
NCAC 19A .0201 - .0209 which conflict with the study 
protocol if: 

(1) the protocol is approved for this purpose by the State 
Health Director because of the scientific and public 
health value of the study, and 

(2) the individual fully participates in and completes the 
study. 

Authority G.S. 130A-135: 130A-144. 

.0203 CONTROL MEASURES - HEPATITIS B 

(a) The following are the control measures for hepatitis B 
infection. The infected persons shall: 



(1) 



(2) 
(3) 



(4) 



(5) 



refrain from sexual intercourse unless condoms are 

used except when the partner is known to be infected 

with or immune to hepatitis B; 

not share needles or syringes; 

not donate or sell blood, plasma, platelets, other 

blood products, semen, ova, tissues, organs, or 

breast milk; 

if the time of initial infection is known, identify to 

the local health director all sexual intercourse and 

needle partners since the date of infection; and, if the 

date of initial infection is unknown, identify persons 

who have been sexual intercourse or needle partners 

during the previous six months; 

for the duration of the infection, notify future sexual 

intercourse partners of the infection and refer them to 

their attending physician or the local health director 

for control measures; 



12:2 



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July 15, 1997 



72 



PROPOSED RULES 



(6) be tested six months after diagnosis to determine if 
they are chronic carriers, annually for two years 
thereafter if they remain infected, and when 
necessary to determine appropriate control measures 
for persons exposed pursuant to Paragraph (b) of this 
Rule, 
(b) The following are the control measures for persons 
reasonably suspected of being exposed: 

(1) when a person has had sexual intercourse exposure to 
hepatitis B infection, the person shall be given 
hepatitis B immune globulin or immune globulin, 
0.06 ml/kg, IM as soon as possible but no later than 
two weeks after the last exposure; 

(2) when a person is a household contact, sexual 
intercourse or needle sharing contact of a person who 
has remained infected with hepatitis B for six months 
or longer, the partner or household contact, if 
susceptible and at risk of continued exposure, shall 
be vaccinated against hepatitis B; 

(3) when a health care worker or other person has a 
needlestick, non-intact skin, or mucous membrane 
exposure to blood or body fluids that, if the source 
were infected with the hepatitis B virus, would pose 
a significant risk of hepatitis B transmission, the 
following shall apply: 

(A) when the source is known, the source person 
shall be tested for hepatitis B infection, unless 
already known to be infected; 

(B) when the source is infected with hepatitis B 
and the exposed person is: 

(i) vaccinated, the exposed person shall be 
tested for anti-HBs. If anti-HBs is less 
than ten SRU by RIA or negative by 
EIA, the exposed person shall be given 
hepatitis B immune globulin, 0.06 
ml/kg, IM immediately and a single 
does of hepatitis B vaccine within seven 
days; 
(ii) not vaccinated, the exposed person 
shall be given hepatitis B immune 
globulin, 0.06 ml/kg, IM immediately 
and, if at high risk for future exposure, 
begin vaccination with hepatitis B 
vaccine within seven days; 

(C) when the source is unknown and the exposed 
person is: 

(i) vaccinated, no intervention is 
necessary; 

(ii) not vaccinated, begin vaccination with 
hepatitis B vaccine within seven days if 
at high risk for future exposure. 

(4) infants bom to infected mothers shall be given 
hepatitis B immune globulin, 0.5 ml, IM as soon as 
maternal infection is known and infant is stabilized; 
vaccinated against hepatitis B beginning as soon as 
possible; and tested for HBsAg at 12-15 months of 
age. 



(c) The attending physician shall advise all patients known 
to be at high risk, including injection drug users, men who 
have sex with men, hemodialysis patients, and patients who 
receive frequent transfusions of blood products, that they 
should be vaccinated against hepatitis B if susceptible. 

(d) The following persons shall be tested for hepatitis B 
infection: 

(1) pregnant women unless known to be infected; and 

(2) donors of blood, plasma, platelets, other blood 
products, semen, ova, tissues, or organs. 

(e) The attending physician of a child who is infected with 
hepatitis B virus and who may pose a significant risk of 
transmission in the school or day care setting because of open, 
oozing wounds or because of behavioral abnormalities such as 
biting shall notify the local health director. The local health 
director shall consult with the attending physician and 
investigate the circumstances. 

(1) If the child is in school or scheduled for admission 
and the local health director determines that there 
may be a significant risk of transmission, the local 
health director shall consult with an interdisciplinary 
committee, which shall include appropriate school 
personnel, a medical expert, and the child's parent or 
guardian to assist in the investigation and 
determination of risk. The local health director shall 
notify the superintendent or private school director of 
the need to appoint such an interdisciplinary 
committee. 

(A) If the superintendent or private school director 
establishes such a committee within three days 
of notification, the local health director shall 
consult with this committee. 

(B) If the superintendent or private school director 
does not establish such a committee within 
three days of notification, the local health 
director shall establish such a committee. 

(2) If the child is in school or scheduled for admission 
and the local h ealth director determines, after 
consultation with the committee, that a significant 
risk of transmission exists, the local health director 
shall: 

(A) notify the parents: 

(B) notify the committee: 

(C) assist the committee in determining whether an 
adjustment can be made to the student's school 
program to eliminate significant risks of 
transmission: 

(D) determine if an alternative educational setting 
is necessary to protect the public health: 

(E) instruct the superintendent or private school 
director concerning appropriate protective 
measures to be implemented in the alternative 
educational setting developed by appropriate 
school personnel : and 

(F) consult with the superintendent or private 
school director to determine which school 
personnel directly involved with the child 



73 



NORTH CAROLINA REGISTER 



July 15, 1997 



12:2 



PROPOSED RULES 



need to be notified of the hepatitis B virus 

infection in order to prevent transmission and 

ensure that these persons are instructed 

regarding the necessity for protecting 

confidentiality^ 

(3) If the child is in day care and the local health director 

determines that there is a significant risk of 

transmission, the local health director shall notify the 

parents that the child must be placed in an alternate 

child care setting that eliminates the significant risk 

of transmission. 

Authority G.S. 130A-135; 130A-144. 

.0205 CONTROL MEASURES - 
TUBERCULOSIS 

(a) The local health director shall promptly investigate all 
cases of tuberculosis disease and their contacts in accordance 
with the provisions of Control of Communicable Diseases in 
Man. Manual. Control of Communicable Diseases in Man 
Manual is hereby incorporated by reference including 
subsequent amendments and editions. Copies of this 
publication are available may be purchased from the American 
Public Health Association, Publication Sales. Department C^ 
P.O. Box 753. Waldorf. Maryland 20604-0753 for a cost of 
twenty-two dollars ($22.00) each plus five dollars ($5.00) 
shipping and handling. Department JE, 1015 15th St r ee t , 
N.W., Washingt o n, DC 20005 fo r a cost of fifteen d o llars 
($15.00) each p lus thr e e d o llars ($3.00) shi pp ing and handling. 
A copy is available for inspection in the Communicable Disease 
Control Section, Cooper Memorial Health Building, 225 N. 
McDowell Street, Raleigh, North Carolina 27611-7687. 27603- 
1382. 

(b) The following persons shall be skin tested for 
tuberculosis and given appropriate clinical, microbiologic and 
x-ray examination in accordance with the "Diagnostic Standards 
and Classification of Tuberculosis," published by the American 
Thoracic Socie t y, Society. The recommendations contained in 
this reference shall be the required control measures for 
evaluation, testing, and diagnosis for tuberculosis patients, 
contacts and suspects, except as otherwise provided in this rule 
and which are incorporated by reference including subsequent 
amendments and editions: 

(1) Household and other close contacts of active cases of 
pulmonary and laryngeal tuberculosis, tub er culosis: 
If the initial skin test is negative (0-4mm). and the 
case is confirmed by culture, a repeat skin test shall 
be performed three months after the exposure has 
ended: 

(2) Persons reasonably suspected of having tuberculosis 
disease; 

(3) Inmates in the custody of, and staff with direct 
inmate contact in, the Department of Corrections 
upon incarceration or employment, and annually 
thereafter; 

(4) Patients and staff in long term care facilities upon 
admission or employment and annually thereafter. 



using the two-step skin test method: 

(5) Clients and Staff in r esidential facilities op e r ated by 
the Departmen t of Human Resou r ces upon admission 
o r employment and annually t he r eafte r . Staff in 
adult day care centers providing care for persons 
with HIV infection or AIDS upon employment, using 
the two-step skin test method: 

(6) Persons with HIV infection or AIDS. 

A copy of "Diagnostic Standards and Classification of 
Tuberculosis" is available available, at no charge, by contacting 
the Department of Environment, Health, and Natural 
Resources, Tuberculosis Control Branch, Post Office Box 
27687, 29601. Raleigh, North Carolina 27611-7687 27626- 
0601. at no charge. 

(c) Treatment and follow-up for tuberculosis infection or 
disease shall be in accordance with "Treatment of Tuberculosis 
and Tuberculosis Infection in Adults and Children," published 
by the American Thoracic Soci e ty, Society. The 
recommendations contained in this reference shall be the 
required control measures for testing, treatment, and follow-up 
for tuberculosis patients, contacts and suspects, except as 
otherwise provided in tliis Rule and which are incorporated by 
reference including subsequent amendments and editions. 
Copies of this publication are available available, at no charge. 
by contacting the Department of Environment, Health, and 
Natural Resources, Tuberculosis Control Branch, Post Office 
Box 27687. 29601 . Raleigh, North Carolina 27 6 11-7687 
27626-0601 . a t no charge. H o wever, live r function tes t ing 
shall n o t be r equired for pers o ns unde r 35 years of age with no 
symptoms of live r diseas e . 

(d) The attending physician or designee shall instruct all 
patients treated for tuberculosis regarding the potential side 
effects of the medications prescribed and to promptly notify the 
physician or designee if side effects occur. 

(e) Persons with p ulmonary o r laryngeal tuberculosis who 
a r e known o r re asonably suspected t o be infected with 
Mycobac t erium tube r culosis re sistant to the usual medica t ions 
used fo r t re atm e nt shall be restricted to thei r homes, an 
a ppr o p riate health care facility, o r in some other appropriate 
manner to p r e ven t transmission until : 

tii they are f re e of cough; o r 

t2^ three cons e cutive sm e ars o r cultures are negative; or 

(3^ they have been complian t for at least th r ee weeks on 

medications to which the o r ganism is known to b e 
susce p tible and have res p onded clinically. 

(f) Pe r sons with p ulmonary o r laryng e al tube r culosis who 
are hos p italiz e d, in p r ison, o r a long t cuu cait facili t y, shall be 
p laced in re s p i r ato r y isolation until: 

tH they are f ree of cough; o r 

t2^ three consecutive smears o r cultur e s are negative; or 

t3^ been — com p liant — for — at — least — th r ee — weeks — on 

m e dications to which the organism is r easonably 
thought to be susce p tible and hav e — re s p ond e d 
clinically. 

(g) Pe r sons with known o r sus p ec t ed p ulmonary t ub e rculosis 
who wo r k in a heal t h care o r institutional setting o r who w or k 
in o r att e nd child daycare o r with known o r sus p ected la r yngeal 



12:2 



NORTH CAROLINA REGISTER 



July 15, 1997 



74 



PROPOSED RULES 



t uberculosis shall b e res t ricted t o t hei r homes, aii appropria t e 
heal t h cair facili t y, or in s o me o t he r appr opr iate manner to 
pr e vent transmission until : 

fii they are free of cough; or 



t^ 



^^ tlu - ce cons e cu t ive smears or cul t ures are nega t ive ; or 

(3j they have been complian t for at leas t thr e e weeks o n 

m e di c ations to which the organism is r easonably 
thought t o be susce p tible and have r es po nded 
clinically. 
(e) Persons with active tuberculosis disease shall complete 
a standard drug regimen. 

(1} Persons with suspected or known active pulmonary or 
laryngeal tuberculosis are considered infectious and shall be 
placed in respiratory isolation or quarantined in their home, 
with no new persons exposed, if: 

(1) They have sputum smears which are positive for acid 
fast bacilli; and 

(2) They have not received tuberculosis drug therapy or 
have j ust staned therapy: and 

(3) They have no evidence of clinical response or have 
poor clinical response to therapy. 

(g) Persons with suspected or known active pulmonary or 
laryngeal tuberculosis are considered noninfectious and 
respiratory isolation or quarantine in their home shall be 
discontinued when: 

(1) They have three consecutive daily sputum smears 
which are negative: or 

(2) They have been compliant on tuberculosis 
medications to which the or ganism is judged to be 
susceptible: and 

(3) They have evidence of clinical improvement on the 
therapy. 

(h) A t leas t t w o o f the following skin tes t an t igens shall be 
used as con t rols for ane r gy when a TD skin test is adminis t e r ed 
to a per s o n kn o wn t o be infec t ed with IIIV: 

Hi Mum p s; 

i^ Candida: or 

t3^ Te t anus to xoid. 

Authority G. S. 130A-135; 130A-144. 

CHAPTER 24 - GENERAL PROCEDURES 
FOR PUBLIC HEALTH PROGRAMS 

SUBCHAPTER 24A - PAYMENT 
PROGRAMS 

SECTION .0200 - ELIGIBILITY 
DETERMINATIONS 

.0202 DETERMINATION OF FINANCIAL 
ELIGIBILITY 

(a) A patient must meet the financial eligibility requirements 
of this Subchapter to be eligible for benefits provided by the 
payment programs. Financial eligibility shall be determined 
through application of income scales. The definition of annual 
net income in Rule .0203 of this Subchapter and the definitions 



of family in Rule .0204 of this Subchapter shall be used in 
applying the income scales, except as provided in Paragraphs 
(0 and (g) of this Rule. 

(b) A person shall be financially eligible for inpatient 
services under the Sickle Cell Program if the net family income 
is at or below the following scale: Family Size 1: $4,200; 
Family Size 2: 55,300; Family Size 3: $6,400; Family Size 4: 
$7,500; Family Size 5 and over: add $500 per family member. 

(c) A person shall be financially eligible for outpatient 
services under the Sickle Cell Program if the net family income 
is at or below the federal poverty level in effect on July 1 of 
each fiscal year. 

(d) A person shall be financially eligible for the HIV 
Medications Program if the net family income is at or below 
1 10 percen t 125 percent of the federal poverty level in effect on 
July 1 of each fiscal year. 

(e) A person shall be financially eligible for the Kidney 
Program if the net family income is at or below the following 
scale: Family Size 1: $6,400; Family Size 2: $8,000; Family 
Size 3: $9,600; Family Size 4: $11,000; Family Size 5: 
$12,000; Family Size 6 and over: add $800 per family member. 

(f) A person shall be financially eligible for the Cancer 
Program if gross family income is at or below 200% 115 
percent of the federal poverty level in effect on July 1 of each 
year. 

(g) A child shall be financially eligible for Children's 
Special Health Services if the child is approved for Medicaid 
when applying or reapplying for program coverage, except for 
children eligible under Paragraph (h) and (i) of this Rule. 

(h) A child approved for Children's Special Health Services 
post adoption coverage pursuant to 15A NCAC 2 IF .0800, 
shall be eligible for services under Children's Special Health 
Services if the child's net income is at or below the federal 
poverty level in effect on July 1 of each year. 

(i) Non-Medicaid eligible children covered by CSHS prior 
to January 1, 1996 who reapply for program coverage during 
1996 shall be granted one additional year of eligibility if their 
net family income is at or below the federal poverty level 
approved for program use at the time that they apply. 

(j) A person shall be financially eligible for services under 
the Adult Cystic Fibrosis Program if the net family income is 
at or below the federal poverty level in effect on July 1 of each 
year. 

(k) The fmancial eligibility requirements of this Subchapter 
shall not apply to: 

(1) Migrant Health Program; 

(2) School Health Fund financial eligibility 
determinations performed by a local health 
department which has chosen to use the financial 
eligibility standards of the Department of Public 
Instruction's free lunch program; 

(3) Prenatal outpatient services sponsored through local 
health department delivery funds, 15A NCAC 21C 
.0200; or through Perinatal Program high risk 
maternity clinic reimbursement funds, 15A NCAC 
21C .0300: 

(4) Diagnostic assessments for infants up to 12 months 



75 



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July 15, 1997 



12:2 



PROPOSED RULES 



of age with sickle cell syndrome. 

(1) Except as provided in Paragraphs (1) and (m) of this 
Rule, once an individual is determined financially eligible for 
payment program benefits, the individual shall remain 
financially eligible for a period of one year after the date of 
application for financial eligibility unless there is a change in 
the individual's family size pursuant to Rule .0204 of this 
Subchapter or his family's financial resources or expenses 
during that period. If there is a change, financial eligibility for 
payment program benefits must be redetermined. Financial 
eligibility must be redetermined at least once a year. 

(m) For purposes of the Kidney Program and HIV 
Medications Program, once an individual is determined to be 
financially eligible, if the application for financial eligibility 
was received by the Department in the fourth quarter of the 
fiscal year, the individual shall remain financially eligible for 
benefits until the end of the next fiscal year unless there is a 
change in the individual's family size pursuant to Rule .0204 of 
this Subchapter or his family's financial resources or expenses 
during that period. 

(n) Children eligible for Children's Special Health Services 
Program benefits under Paragraph (g) of this Rule are 
financially eligible for a service if they were Medicaid eligible 
on the date the requested service was initiated. 

(o) If the most current financial eligibility form on file with 
the Department shows that the patient was financially eligible 
on the date an Authorization Request for payment for drugs was 
received, the Authorization Request may be approved so long 
as the Authorization Request is received less than 30 days prior 
to the expiration of financial eligibility and the authorized 
service does not extend more than 30 days after the expiration 
of financial eligibility. 

Authority G.S. 130A-4.2; 130A-5(3); 130A-124; 130A-127; 
130A-129; 130A-205. 



12:2 NORTH CAROLINA REGISTER July 15, 1997 76 



TEMPORARY RULES 



The Codifier of Rules has entered the following temporary rule(s) in the North Carolina Administrative Code. Pursuant to 
G.S. l50B-21.1(e), publication of a temporary rule in the North Carolina Register ser\'es as a notice of rule-making 
proceedings unless this notice has been previously published by the agency. 



TITLE ISA - DEPARTMENT OF ENVmONMENT, 
HEALTH, AND NATURAL RESOURCES 

Rule-making Agency: DEHNR - Environmental Management 
Commission 

Rule Citation: ISA NCAC 2B .0233 

Effective Date: July 22. 1997 

Findings Reviewed and Approved by: Julian Mann 

Authority for the rule-making: G.S. 143-214.1; 143-214. 7, 
143-215. 3(a)(1) 

Reason for Proposed Action: The Neuse River estuary has 
been plagued by algal blooms and fish kills and the North 
Carolina General Assembly has asked that action be taken to 
reduce nitrogen input into the river system. The purpose of this 
rule making is to require maintenance and protection of 
e.xisting riparian areas along surface waters in the Neuse River 
Basin (intermittent steams, perennial streams, lakes and 
estuaries) as indicated on the most recent versions of the United 
States Geological Surxey 1:24,000 scale topographic maps or 
other site-specific evidence. Protection of these streamside 
areas is an important component of an overall plan to remove 
nitrogen from adjacent land uses before the nitrogen enters 
surface waters of the Neuse River. 

This Rule was a portion of the plan previously published. 
Notice of Rule-making Proceedings was published on April 15, 
1996, Notice of Text was published on August 15, 1996 and 
republished on October 15, 1996. 

Comment Procedures: Comments, statements, data and other 
information may be submitted in writing by August 15, 1997. 
Written comments may be submitted to Greg Thorpe, Division 
of Water Quality, Water Qualil}' Section, P.O. Box 29535, 
Raleigh, NC, 27626-0535. 

CHAPTER 2 - EN\ IRONMENTAL MANAGEMENT 

SUBCHAPTER 2B - SURFACE WATER AND 
WTTLANDS STANDARDS, MONITORING 

SECTION .0200 - CLASSIFICATIONS AND 

WATER QUALITY STANDARDS APPLICABLE 

TO SURFACE WATERS AND WETLANDS 

OR NORTH CAROLINA 

.0233 NEUSE RIVER BASIN: NUTRIENT 

SENSITIVE WATERS MANAGEMENT 
STRATEGY: PROTECTION AND 



MAINTENANCE OF EXISTING 
RIPARIAN AREAS 

The following is the management strategy for maintaining 
and protecting existing riparian areas in the Neuse River Basin: 
(1) Existing riparian areas shall be protected and 
maintained in accordance with Sub-Items (3) (a)-(e) 
of this Rule on all sides of surface waters in the 
Neuse River Basin (intermittent streams, perennial 
streams, lakes, and estuaries) as indicated on the 
most recent versions of United States Geological 
Survey 1:24.000 scale (7.5 minute quadrangle) 
topographic maps or other site-specific evidence. 
This Rule only applies to riparian areas where forest 
vegetation is established in Zone 1 [as described in 
Sub-Item 3(a)l of this Rule as of June H, 1997. 
This Rule does not establish new buffers in riparian 
areas. Exceptions to the requirements of this Rule 
for existing riparian areas are described in Sub-Items 
(l)(a-h) of this Rule. Maintenance of the riparian 
areas should be such that, to the maximum extent 
possible, sheet flow of surface water is achieved. 
Any activities that would result in water quality 
standard violations or that disrupt the structural or 
functional mtegrity of tlie riparian area are 
prohibited. The following waterbodies and land uses 
are exempt from the riparian area protection 
requirements: 

(a) Ditches and manmade conveyances other than 
modified natural streams: 

(b) Areas mapped as intermittent streams, 
perenn ial streams, lakes, or estuaries on the 
most recent versions of United States 
Geological Survey 1:24.000 scale (7.5 minute 
quadrangle) topographic maps where no 
perennial or intermittent waterbody actually 
exists on the ground: 

(c) Ponds and lakes created for animal watering, 
irrigation, or other agricultural uses that are 
not part of a natural drainage way that is 
classified in accordance with 15A NCAC 2B 
.0100: 

(d) Where application of this Rule would prevent 
all prospective uses of a lot platted and 
recorded prior to the effective date of this 
Rule, a variance may be granted by the 
Environmental Management Commission: 

(e) New development in the riparian area shall be 
limited to water dependent structures as 
defined in 15A NCAC 2B .0202. Any such 
structures shall be located, designed, 
constructed and maintained to provide 
maximum nutrient removal, to have the least 



77 



NORTH CAROLINA REGISTER 



July 15, 1997 



12:2 



TEMPORARY RULES 



adverse effects on aquatic life and habitat and 
to protect water quality: 

(f) Roads, bridges, stormwater management 
facilities, ponds, and utilities may be allowed 
where no practical alternative exists. These 
structures shall be located, designed, 
constructed, and maintained to have minimal 
disturbance, to provide maximum nutrient 
removal and erosion protection, to have the 
least adverse effects on aquatic life and 
habitat, and to protect water quality to the 
maximum extent practical through the use of 
best management practices: 

( g) Stream restoration projects, scientific studies, 
stream gauging, water wells, passive 
recreation facilities such as boardwalks, trails, 
pathways. historic preservation and 
archaeological activities are allowed: and 

(h) Stream crossings associated with timber 
harvesting are allowed if performed in 
accordance with the Forest Practices 
Guidelines Related to Water Quality (15A 
NCAC IJ .02Q1-.0209). 

(2) If a local government has been issued a Municipal 
Separate Stormwater Sewer System permit or has 
been delegated to implement a local stormwater 
program, then the local government shall ensure that 
the riparian areas to be protected are, as a standard 
practice, recorded on plats as easements. 

(3) The protected riparian area shall have two zones as 
follows: 

(a) Zone 1 is intended to be an undisturbed forest . 

Zone 1 begins at the centerline of the chaimel 

for intennittent streams and perennial streams 

without tributaries and extends landward a 

distance of 30 feet on all sides of the 

waterbody. measured horizontally on a line 

perpendicular to the waterbody. For all other 

waterbodies. Zone i begins at the upper edge 

of the active channel of the surface waterbody 

(bank-full flow) or the mean high water line 

and extends landward a distance of 30 feet. 

measured horizontally on a line perpendicular 

to the waterbody. Forest vegetation of any 

width that exists in Zone i on tlie effective 

date of this Rule must be preserved and 

maintained in accordance with Sub-Items (i)- 

(v) of this Item. The application of fertilizer 

in Zone 1 is prohibited. The following 

practices and activities are allowed in Zone 1: 

£i} Natural regeneration of forest 

vegetation is allowed and planting 

vegetation to enhance the riparian zone 

is allowed if disturbance is minimized. 

Any plantings should primarily consist 

of locally native trees and shrubs: 

(ii) Selective removal of individual high 



M 



£cl 



(d) 



value trees is allowed where water 

quality values are not compromised. 

Limited mechanized equipment is 

allowed in this area: 

(Hi) Horticulture practices may be used to 

maintain the health of individual trees: 

(iv) Individual trees may be removed which 

are in danger of causing damage to 

dwellings, other structures, or the 

stream channel: and 

(v) Other timber cutting techniques 

a pproved by the Department may be 

undertaken if necessary to prevent 

extensive pest or disease infestation. 

Zone 2 begins at the outer edge of Zone 1 and 

extends landward a minimum of 20 feet as 

measured horizontally on a line perpendicular 

to the waterbody. The combined minimum 

width of Zones 1 and 2 shall be 50 feet on all 

sides of the waterbody. Vegetation in Zone 2 

shall consist of a dense ground cover 

composed of herbaceous or woody species 

which provides for diffusion and infiltration of 

runoff and filtering of pollutants. The 

following practices and activities are allowed 

in Zone 2 in addition to those allowed in Zone 

ll Removal of grass clippings or plant 

products such as timber, nuts, and fruit is 

allowed on a periodic and regular basis 

provided the intended purpose of the riparian 

area is not compromised by harvesting. 

disturbance, or loss of forest or herbaceous 

ground cover. Forest vegetation in Zone 2 

may be managed to minimize shading on 

adjacent land if the water quality function of 

the riparian area is not compromised. The 

following practices and activities are not 

allowed in Zone 2j. 

£ij New permanent structures: 

(ii) New on-site sanitary sewage systems 

which use ground absorptions: 
dii') Activities that would result in water 
qualitv standards violations or disrupt 
the structural or functional integrity of 
the riparian area. 
Timber removal and skidding of trees shall be 
directed away from the water course or water 
body. Skidding shall be done in a manner to 
prevent the creation of ephemeral channels 
perpendicular to the water body. Any tree 
removal must be performed in a manner that 
does not compromise the intended purpose of 
the riparian area and is in accordance with the 
Forest Practices Guidelines Related to Water 
Quality (15A NCAC IJ .0201-.0209). 
Maintenance of Zones 1 and 2 is required. 
Sheet flow must be maintained to the 



12:2 



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July 15, 1997 



78 



TEMPORARY RULES 



£4} 



maximum extent practical through dispersing 

concentrated flow and/or re-establishment of 

vegetation to maintain the effectiveness of the 

riparian area. Periodic corrective action to 

restore sheet flow must be taken by the 

landowner if necessary to impede the 

formation of erosion gullies which allow 

concentrated flow to bypass treatment in the 

riparian area. 

(e) Periodic maintenance of modified natural 

streams such as canals is allowed provided that 

dismrbance is minimized and the structure and 

function of the riparian area is not 

compromised. A grassed travelway is allowed 

on one side of the waterbody when alternative 

forms of maintenance access are not practical. 

The width and specifications of the travelway 

shall be only that needed for equipment access 

and operation. The travelway should be 

located to maximize stream shading. 

Where the standards and management requirements 

for riparian areas are in conflict with other laws. 

regulations, and permits regarding streams, steep 

slopes, erodible soils, wetlands, floodplains. forest 

harvesting, surface mining, land disturbance 

activities, development in Coastal Area Management 

Act Areas of Environmental Concern, or other 

environmental protection areas, the more protective 

shall apply so long as they are in effect. 



Findings Reviewed and Approved by: Julian Mann 

Authority for tlie rule-making: G.S. 143-215. 3(a)(1); 143- 
215.107(a)(3)(4)(5); 143-215.108; 143B-282; S.L. 1989, c. 
168. s. 45 

Reason for Proposed Action: The purpose of this rulemaking 
is 10 establish an acceptable ambient level for total 
diisocyanate, 2,4- and 2,6-isomers. 2,4- and 2,6-toluene 
diisocyanate isomers are emitted in North Carolina and have 
adverse affects on human health. Although 2,4 - toluene 
diisocyanate is currently regulated under the air toxic rules, 
2. 6-toluene diisocyanate is not. 

Comment Procedures: Comments, statements, data, and 
other information may be submitted in writing to and copies of 
the proposed amended rules and information package may be 
obtained from: 

Thomas Allen 

DEHNR, Division of Air Quality 

P.O. Box 29580 

Raleigh, NC 27626 

FAX: 919-715-7476 

TEL: 919-733-1489 

CHAPTER 2 - E>rVIRONMENTAL MANAGEMENT 

SUBCHAPTER 2D - AIR POLLUTION CONTROL 
REQUIREMENTS 



History Note: Authority G. S. 143-214.1; 143-214.7; 143- 

215.3(a)(1): 

Temporary Adoption Eff. July 22. 1997. 

Rule-making Agency: EHNR, Environmental Management 
Commission 

Rule Citation: 15A NCAC 2D .1104 and 2H .0610 

Effective Date: Jul\ 20, 1997 



SECTION .1100 - CONTROL OF TOXIC AIR 
POLLUTANTS 

.1104 TOXIC AIR POLLUTANT GUIDELINES 

(a) A facility shall not emit any of the following toxic air 
pollutants in such quantities that may cause or contribute 
beyond the premises (adjacent property boundary) to any 
significant ambient air concentration that may adversely affect 
human health. In determining these significant ambient air 
concentrations, the Division shall be guided by the following 
list of acceptable ambient levels in milligrams per cubic meter 
at 77^ F (25' C) and 29.92 inches (760 mm) of mercury 
pressure (except for asbestos): 







Annual 


24-hour 


1-hour 




15-minute 






(Carcinogens) 


(Chronic 
Toxicants) 


(Acute 

Systemic 

Toxicants) 




(Acute 
Irritants) 


(1) 


acetaldehvde 










27 


(2) 


acetic acid 










3.7 


(3) 


acrolein 










0.08 


(4) 


ammonia 










2.7 


(5) 


aniline 






1 






(6) 


arsenic and inorganic 
arsenic compounds 


2.3x10' 










(7) 


asbestos 
fibers/ml 


2.8x10" 










79 


NORTH CAROLINA REGISTER 


July 15, 


1997 





12:2 



TEMPORARY RULES 



1x10"* 
1x10-* 
IxlO"* 
IxlO"* 
3.7x10' 

5.5x10"* 
5.5x10-* 
5.5x10^ 



aziridine 

benzidine and salts 1.5x10'' 

benzo(a)pyrene 3.3x10" 

benzyl chloride 

beryllium 4 

beryllium chloride 4 

beryllium fluoride 4 

beryllium nitrate 4 

bis-chloromethyl ether 

bromine 

cadmium 

cadmium acetate 

cadmium bromide 

carbon disulfide 

chlorine 

chlorobenzene 

chloroprene 

cresol 

p-dichlorobenzene 

dichlorodifluoromethane 

dichlorofluoromethane 

di(2-ethylhexyl)phthalate 

dimethyl sulfate 

1,4-dioxane 

epichlorohydrin 8.3x10' 

eihyl acetate 

ethylenediamine 

ethylene dibromide 4.0x10"' 

ethylene dichloride 3.8x10''' 

ethylene glycol monoethyl 

ether 

ethyl mercapian 

fluorides 

formaldehyde 

hexachlorocyclopentadiene 

hexachlorodibenzo-p-dioxin 7.6x10'* 

n-hexane 

hexane isomers except 

n-hexane 

hydrazine 

hydrogen chloride 

hydrogen cyanide 

hydrogen fluoride 

hydrogen sulfide 

maleic anhydride 

manganese and compounds 

manganese cyclopentadienyl 

tricarbonyl 

manganese tetroxide 

mercury, alkyl 

mercury, aryl and inorganic 

compounds 

mercury, vapor 

methyl chloroform 

methyl ethyl ketone 

methyl isobutyl ketone 

methyl mercaptan 



0.006 



0.186 
0.0375 

0.44 



248 
0.5 
0.03 
0.003 
0.56 



0.3 



0.0006 

0.14 
0.03 

0.012 
0.031 

0.0006 
0.0062 
0.00006 

0.0006 
0.0006 
12 
3.7 
2.56 



0.5 



0.2 



2.2 
3.5 
2.2 



0.9 



66 



140 
2.5 



0.12 


1.9 

0.1 




0.016 


0.25 


0.15 


0.0006 




0.01 


1.1 







1.1 



0.1 



360 

0.7 

0.25 
2.1 



245 



30 



0.05 



12:2 



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July 15, 1997 



80 



TEMPORARY RULES 



(61) 


nickel carbonyl 


(62) 


nickel metal 


(63) 


nickel, soluble compounds 




as nickel 


(64) 


nickel subsulfide 


(65) 


nitric acid 


(66) 


nitrobenzene 


(67) 


N-nitrosodimethylamine 


(68) 


pentachlorophenol 


(69) 


phenol 


(70) 


phosgene 


(71) 


phosphine 


(72) 


polychlorinated biphenyls 


(73) 


styrene 


(74) 


sulfuric acid 


(75) 


l,l.l,2-tetrachloro-2,2- 




difluoroethane 


(76) 


l,l,2,2-tetrachloro-l,2- 




difluoroethane 


(77) 


1,1,1 ,2-tetrachIoroethane 


(78) 
(79) 


toluene 


toluene 2,4-dii50cyanatc 




toluene diisocvanate. 




2.4-and 2.6-isomers 


(80) 


trichlorofluoromethane 


(81) 


l,l,2-trichloro-l,2,2- 




trifluoroethane 


(82) 


vinyl chloride 


(83) 


vinylidene chloride 


(84) 


xylene 



2.1x10-' 



5.0x10- 



8.3x10- 



6.3x10- 



3.8x10"* 



0.0006 
0.006 

0.0006 



0.06 


0.5 


0.003 


0.025 




0.95 


0.0025 






10.6 


0.012 


0.1 


52 




52 




4.7 




0.0005 





0.12 

2.7 



0.13 



56 
0.015 



560 



950 



65 



(b) A facility shall not emit any of the following toxic air pollutants in such quantities that may cause or contribute beyond the 
premises to any significant ambient air concentration that may adversely affect human health. In determining these significant 
ambient air concentrations, the division shall be guided by the following list of acceptable ambient levels in milligrams per cubic 
meter at 77 ' F (25" C) and 29.92 inches (760 mm) of mercury pressure: 



(1) 


acrylonitrile 


(2) 


ammonium chromate 


(3) 


ammonium dichromate 


(4) 


benzene 


(5) 


1,3-butadiene 


(6) 


calcium chromate 


(7) 


carbon tetrachloride 


(8) 


chloroform 


(9) 


chromic acid 


(10) 


chromium (VI) 


(11) 


ethylene oxide 


(12) 


methylene chloride 


(13) 


perchloroethylene 


(14) 


potassium chromate 


(15) 


potassium dichromate 


(16) 


sodium chromate 


(17) 


sodium dichromate 


(18) 


strontium chromate 



Aimual 
(Carcinogens) 

1.5x10-* 



1.2x10^ 
1.7x10^ 
8.3x10' 
6.7x10' 
4.3x10' 

8.3x10* 
2.7x10"' 
2.4x10- 
1.9x10' 



24-Hour 
(Chronic 
Toxicants) 

6.2x10"* 
6.2x10"* 



6.2x10"* 



6.2x10-' 
6,2x10"* 
6.2x10-* 
6.2x10"* 



8.3x10' 



81 



NORTH CAROLINA REGISTER 



July 15, 1997 



12:2 



TEMPORARY RULES 



(19) tetrachlorodibenzo-p-dioxin 

(20) trichloroethylene 

(21) zinc chromate 



3.0x10' 
5.9x10- 
8.3x10* 



History Note: Authority G.S. 143-21 5. 3 (a)(1); 143-215. 107(a)(3), (4), (5); 143B-282; S. L. 1989, c. 168. s. 45; 
Eff. May 1, 1990; 

Amended Eff. September 1, 1992; March 1, 1992; 
Temporary Amendment Eff. July 20. 1997. 



SUBCHAPTER 2H - PROCEDURES FOR PERMITS: 
APPROVALS 

SECTION .0600 - AIR QUALITY PERMITS 

.0610 PERMIT REQUIREMENTS FOR TOXIC AIR 
POLLUTANTS 

(a) Definitions. For the purposes of this Rule, the following 
definitions apply: 

(1) "Actual emissions" means the average rate at which 
the source actually emitted the pollutant during a 
two-year period that preceded the date of the 
application for the modification and that is 
representative of normal operation of the source. 

(2) "Creditable emissions" means actual decreased 
emissions that have not been previously relied on to 
comply with 15A NCAC Subchapter 2D. All 
creditable emissions shall be enforceable by permit 
condition. 

(3) "Evaluation" means a determination of ambient air 
concentrations as described under 15 A NCAC 2D 
. 1 106 and shall include emissions from sources 
exempted by Paragraph (g) of this Rule. 

(4) "Existing facility" means any facility that was 
permitted to construct or was in operation before 
October 1, 1993. 

(5) "Incinerator" means any device subject to 
requirements of 15A NCAC 2D .1200. 

(6) "MACT" means any maximum achievable control 
technology emission standard applied to a source or 
facility punuant to Title III of the 1990 federal Clean 
Air Act Amendments. 

(7) "Maximum feasible control" means the maximum 
degree of reduction for each pollutant subject to 
regulation in this Rule using the best technology that 
is available taking into account, on a case-by-case 
basis, energy, environmental, and economic impacts 
and other costs. 

(8) "Modification" means any physical change or change 
that results in a net increase in emissions or ambient 
concentration of any pollutant listed in Paragraph (h) 
of this Rule or which results in the emission of any 
pollutant listed in Paragraph (h) of this Rule not 
previously emitted. 

(9) "Net increase in emissions" means the amount by 
which the sum of the following exceeds zero: 

(A) any increase in emissions from a particular 
physical change or change in the method of 



operation at the facility; and 
(B) any other increases and decreases in emissions 
at the facility within five years immediately 
preceding the filing of an air permit 
application for the modification that are 
otherwise creditable emissions. 
(10) "Unadulterated wood" means wood that is not 
painted, varnished, stained, oiled, waxed, or 
otherwise coated or treated with any chemical. 
Plywood, particle board, and resinated wood are not 
unadulterated wood, 
(b) Applicability. Except as provided in Paragraph (g) or 
(h) of this Rule, no person shall cause or allow any toxic air 
pollutant named in 15 A NCAC 2D . 1 104 to be emitted into the 
atmosphere from any source without having received a permit 
from the Commission in accordance with the following: 

(1) New Facilities. Any facility that begins construction 
after September 30, 1993, and that: 

(A) is required to have a permit because of 
applicability of Sections in Subchapter 2D of 
this Chapter other than Section . 1 100 of this 
Subchapter, except for facilities whose 
emissions of toxic air pollutants result only 
from combusting unadulterated fossil fuels or 
unadulterated wood and associated storage of 
such fuels; or 

(B) has a standard industrial classification (SIC) 
code that has previously been called under 
Subparagraph (b)(3) of this Rule; 

shall comply with Section . 1 100 of this Subchapter 
before beginning construction or operation, shall 
have received a permit to emit toxic air pollutants 
before beginning construction and shall comply with 
such permit when beginning operation. 

(2) Facilities with Incinerators. The owner or operator 
of any incinerator subject to 15A NCAC 2D .1200 
which began construction or was in operation before 
October 1, 1991, shall apply for a permit or a permit 
modification to emit toxic air pollutants from the 
incinerator, including associated waste handling and 
storage, in accordance with the compliance schedules 
contained in 15A NCAC 2D .1209. The owner or 
operator of the incinerator shall apply for a permit or 
a permit modification to emit toxic air pollutants 
from all other sources at that facility in accordance 
with Subparagraphs (b)(3) through (6) of this Rule. 

(3) SIC Calls for Existing Facilities. The owner or 
operator of an existing facility shall have 180 days to 



72:2 



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82 



TEMPORARY RULES 



apply for a permit or permit modification for the 
emissions of toxic air pollutants after receiving 
written notification from the Director. Such facilities 
shall comply with 15A NCAC 2D . 1100 as follows: 

(A) If it is not known that the source is, or will 
be, subject to a MACT at the time of 
notification, the source shall comply: 

(i) within three years from the date that the 
permit is issued if the source does not 
emit any toxic air pollutant in common 
with any source at the facility subject to 
MACT, or 
(ii) in accordance with Subparagraph (b)(4) 
of this Rule if the source emits a toxic 
air pollutant in common with any 
source at the facility subject to MACT. 

(B) If it is known that the source is, or will be, 
subject to a MACT at the time of notification, 
the source shall comply in accordance with 
Subparagraph (b)(4) of this Rule. 

The Director shall notifv' facilities subject to this 
Subparagraph by calling for permit applications on 
the basis of standard industrial classifications, that is, 
he shall call at one time for permits for all facilities 
statewide that have the same four-digit standard 
industrial classification code, except those facilities 
located in cenified local air pollution control agency 
areas. (Local air pollution control agencies shall call 
the standard industrial classification code within their 
jurisdiction when the Director calls that code. A 
local air pollution control agency may call a 
particular standard industrial classification code 
before the Director calls that code if the Commission 
approves the call by the local air pollution control 
agency.) All sources, regardless of their standard 
industrial classification code and including sources 
combusting only unadulterated fossil fuels or 
unadulterated wood, at the facility shall be included 
in the call for permit applications. All members of 
a source or facility category not having a standard 
industrial classification code shall similarly be called 
at one time. For categories of sources, excluding 
cooling towers, for which it is known that the 
Environmental Protection Agency (EPA) has 
scheduled promulgation of a MACT under Section 
112(e) of the federal Clean Air Act, the Director 
shall notify facilities in these categories as the EPA 
promulgates MACT. If the EPA fails to promulgate 
a MACT as scheduled after it has approved the 
State's Title V permit program, the Director shall 
notify facilities 18 months after the missed 
promulgation date. 
(4) Existing Facilities Subject to MACT. The owner or 
operator of an existing facility subject to one or more 
MACT, or that may be subject to a MACT based on 
studies required by Section 112 (n)(l) of the Clean 
Air Act, 42 U.S.C. Section 7412 (n)(l), shall submit 



a permit application to comply with Section . 1 100 of 
this Subchapter at the same time that he submits a 
permit application to comply with the last MACT 
that is known to apply to the facility. The permit 
application shall include an evaluation for all toxic 
air pollutants covered under 15A NCAC 2D .1104 
for all sources at the facility. The facility shall 
comply with the requirements of 15 A NCAC 2D 
.1100 by the same deadline that it is required to 
comply with the last MACT. 
(5) Modification. For modification of a facility 
undertaken after August 31,1 993 , that is required to 
have a permit because of applicability of Sections in 
Subchapter 2D of this Chapter other than Section 
.1100 of this Subchapter, except for facilities whose 
emissions of toxic air pollutants result only from 
combusting unadulterated fossil fuels or 
unadulterated wood and associated storage of such 
fuels or that has a standard industrial classification 
(SIC) code that has previously been called under 
Subparagraph (b)(3) of this Rule, the owner or 
operator of the facility shall submit a permit 
application to comply with 15A NCAC 2D . 1 100 if: 

(A) The modification results in: 

(i) a net increase in emissions of any toxic 
air pollutant that the facility was 
emitting before the modification; or 
(ii) emissions of any toxic air pollutant that 
the facility was not emitting before the 
modification if such emissions exceed 
any level contained in Paragraph (h) of 
this Rule; or 

(B) The Director fmds that the modification of the 
facility will significantly increase the risk to 
human health posed by the facility. The 
Director shall provide his findings to the 
owner or operator of the facility. The 
Director may require the owner or operator of 
a facility subject to this Subparagraph to 
provide a satisfactory analysis showing what 
the resultant emissions and increase of risk to 
human health from the modified facility will 
be. 

The permit application filed pursuant to Part (A) of 
this Subparagraph shall include an evaluation for all 
toxic air pollutants covered under 15A NCAC 2D 
. 1 104 for which there is a net increase in emissions 
of toxic air pollutants being emitted before the 
modification or an increase in emissions of toxic air 
pollutants above the level in Paragraph (h) of this 
Rule of toxic air pollutants not being emitted before 
the modifications. All sources at the facility emitting 
these toxic air pollutants shall be included in the 
evaluation. The permit application filed pursuant to 
Part (B) of this Subparagraph shall include an 
evaluation for all toxic air pollutants identified by the 
Director as significantly increasing the risk to human 



83 



NORTH CAROLINA REGISTER 



July 15, 1997 



12:2 



TEMPORARY RULES 



health. 
(6) Previously Permitted Facilities. 

(A) A facility that received a permit to emit toxic 
air pollutants before October 1, 1993, shall 
continue to operate under the terms of such 
permit. The emissions of toxic air pollutants 
resulting from modification of the facility will 
be regulated pursuant to Subparagraph (b)(5) 
of this Rule. 

(B) A facility that has received a permit to emit 
toxic air pollutants before October 1, 1993, 
that is operating under a compliance schedule 
previously approved by the Director, and that 
will be subject to a MACT shall be required to 
comply with the terms of such compliance 
schedule unless the owner or operator of the 
facility demonstrates to the satisfaction of the 
Director that compliance requires substantial 
capital expenditures that may be rendered 
unnecessary when MACT is applied. Where 
such a demonstration is made, the owner or 
operator of the facility shall submit a permit 
application to comply with 15A NCAC 2D 
.1100 in accordance with Subparagraphs 
(b)(3), (4), or (5) of this Rule. 

(c) Demonstrations. The owner or operator of a source who 
is applying for a permit or permit modification to emit toxic air 
pollutants shall: 

(1) demonstrate to the satisfaction of the Director 
through dispersion modeling that the emissions of 
toxic air pollutants from the facility will not cause 
any acceptable ambient level listed in 15A NCAC 2D 
. 1 104 to be exceeded; or 

(2) demonstrate to the satisfaction of the Commission or 
its delegate that the ambient concentration beyond the 
premises (contiguous and adjacent property 
boimdaiy) for the subject toxic air pollutant will not 
adversely affect human health even though the 
concentration is higher than the acceptable ambient 
level in 15A NCAC 2D .1104 by providing one of 
the following demonstrations: 

(A) the area where the ambient concentrations are 
expected to exceed the acceptable ambient 
levels in 15A NCAC 2D .1104 are not 
inhabitable or occupied for the duration of the 
averaging time of the pollutant of concern, or 

(B) new toxicological data that shows that the 
acceptable ambient level in 15A NCAC 2D 
. 1104 for the pollutant of concern is too low 
and the facility's ambient impact is below the 
level indicated by the toxicological data. 

(d) Technical Infeasibility and Economic Hardship. This 
Paragraph shall not apply to any incinerator covered under 15A 
NCAC 2D .1200. The owner or operator of any source 
constructed before May 1, 1990, who cannot supply a 
demonstration described in Paragraph (c) of this Rule shall: 

(1) demonstrate to the satisfaction of the Commission or 



its delegate that complying with the guidelines in 

15A NCAC 2D .1104 is technically infeasible (the 

technology necessary to reduce emissions to a level 

to prevent the acceptable ambient levels in 15 A 

NCAC 2D .1104 from being exceeded does not 

exist); or 

(2) demonstrate to the satisfaction of the Commission or 

its delegate that complying with the guidelines in 

15 A NCAC 2D .1104 would result in serious 

economic hardship. 

If the owner or operator makes a demonstration to the 

satisfaction of the Commission or its delegate pursuant to 

Subparagraph (1) or (2) of this Paragraph, the Director shall 

require the owner or operator of the source to apply maximum 

feasible control. Maximum feasible control shall be in place 

and operating within three years from the date that the permit 

is issued for the maximum feasible control. 

(e) Public Notice and Opportunity for Public Hearing. If the 
owner or operator of a source chooses to make a demonstration 
pursuant to Subparagraph (c)(2) or (d)(1) or (2) of this Rule, 
the Commission or its delegate shall approve or disapprove the 
permit after a public notice with an opportunity for a public 
hearing. The public notice shall meet the requirements of 
Paragraph (c) of 15 A NCAC 2Q .0307. Any subsequent public 
hearing shall meet the requirements of Paragraph (e) of 15 A 
NCAC 2Q .0307. 

(f) Modeling Demonstration. If the owner or operator of a 
facility demonstrates by modeling that any toxic air pollutant 
emitted from his facility contributes an incremental 
concentration to the ambient air concentration of that pollutant 
beyond his premises which is less than the acceptable ambient 
level values given in 15 A NCAC 2D . 1 104, he does not have 
to provide any further modeling demonstration with his permit 
application. However, the Commission may still require more 
stringent emission levels in accordance with its analysis under 
15ANCAC2D .1107. 

(g) Exemptions. A permit to emit toxic air pollutants shall 
not be required for: 

(1) the noncommercial use of household cleaners, 
household chemicals, or household fuels in private 
residences; 

(2) asbestos demolition and renovation projects that 
comply with 15A NCAC 2D .1110 and that are 
being done by persons accredited by the Department 
of Environment, Health, and Natural Resources 
under the Asbestos Hazard Emergency Response Act; 

(3) emissions from gasoline dispensing facility or 
gasoline service station operations performed as a 
part of petroleum distribution to the ultimate 
consumer where the emissions comply with 15A 
NCAC 2D .0524, .0925, .0928, .0932 and .0933 
and that receive gasoline from bulk gasoline plants or 
bulk gasoline terminals that comply with 15 A NCAC 
2D .0524, .0925, .0926, .0927, .0932, and .0933 
via tank trucks that comply with 15 A NCAC 2D 
.0932; 

(4) the use for agricultural operations by a farmer of 



12:2 



NORTH CAROLINA REGISTER 



July 15, 1997 



84 



TEMPORARY RULES 



fertilizers, pesticides, or other agricultural chemicals 
containing one or more of the compounds listed in 
15A NCAC 2D . 1 104 if such compounds are applied 
in accordance with agronomic practices acceptable to 
the North Carolina Depanment of Agriculture and 
the Commission. 

(5) manholes and customer vents of wastewater 
collection systems; 

(6) emissions of ethylene oxide resulting from use as a 
sterilant in the production and subsequent storage of 
medical devices or the packaging and subsequent 
storage of medical devices for sale provided that the 
emissions from all new and existing sources located 
at the facility described in Paragraph (d) of 15A 
NCAC 2D .0538 are controlled at least to the degree 
descnbed m Paragraph (d) of 15A NCAC 2D .0538 
and the facility complies with Paragraphs (e) and (0 
of 15A NCAC 2D .0538. 

(7) emissions from bulk gasoline plants, including 
emissions from the storage and handling of fuel oils, 
kerosenes, and jet fuels but excluding emissions from 
the storage and handling of other organic liquids, 



that comply with 15A NCAC 2D .0524, .0925, 
.0926, .0932, and .0933 unless the Director finds 
that a permit to emit toxic air pollutants is required 
under this Rule for a particular bulk gasoline plant; 
(8) emissions from bulk gasoline terminals, including 
emissions from the storage and handling of fuel oils, 
kerosenes, and jet fuels but excluding emissions from 
the storage and handling of other organic liquids, 
that comply with 15A NCAC 2D .0524, .0925, 
.0927, .0932, and .0933 if the bulk gasoline terminal 
existed before November 1, 1992, unless: 

(A) the Director finds that a permit to emit toxic 
air pollutants is required under this Rule for a 
particular bulk gasoline terminal, or 

(B) the owner or operator of the bulk gasoline 
terminal meets the requirements of 15A 
NCAC 2D .0927 (i). 

(h) Emission Rates Requiring a Permit. A permit to emit 
toxic air pollutants shall be required for any facility whose 
actual emissions from all sources are greater than any one of the 
following: 



Ib/yr 



lb/day 



Ib/hr 



(1) 


acetaldehyde 




(2) 


acetic acid 




(3) 


acrolein 




(4) 


acrylonitrile 


10 


(5) 


ammonia 




(6) 


ammonium chromate 




(7) 


ammonium dichromate 




(8) 


aniline 




(9) 


arsenic and inorganic 
arsenic compounds 


0.016 


(10) 


asbestos 


1.9 X 10" 


(11) 


aziridine 




(12) 


benzene 


8.1 


(13) 


benzidine and salts 


0.0010 


(14) 


benzo(a)pyrene 


2.2 


(15) 


benzyl chloride 




(16) 


beryllium 


0.28 


(17) 


beryllium chloride 


0.28 


(18) 


beryllium fluoride 


0.28 


(19) 


beryllium nitrate 


0.28 


(20) 


bis-chloromethyl ether 


0.025 



lb/ 15 min 
1.7 
0.24 
0.005 

0.017 



0.013 
0.013 



0.25 



0.13 



0.13 



85 



NORTH CAROLINA REGISTER 



July 15, 1997 



12:2 



TEMPORARY RULES 



Ib/yr 



lb/day 



Ib/hr 



(21) 


bromine 




(22) 


1,3 -butadiene 


12 


(23) 


cadmium 


0.37 


(24) 


cadmium acetate 


0.37 


(25) 


cadmium bromide 


0.37 


(26) 


calcium chromate 


0.0056 


(27) 


carbon disulfide 




(28) 


carbon tetrachloride 


460 


(29) 


chlorine 




(30) 


chlorobenzene 




(31) 


chloroform 


290 


(32) 


chloroprene 




(33) 


chromic acid 




(34) 


chromium (vi) 


0.0056 


(35) 


cresol 




(36) 


p-dichlorobenzene 




(37) 


dichlorodifluoromethane 




(38) 


dichlorofluoromethane 




(39) 


di(2-ethylhexyl)phthalate 




(40) 


dimethyl sulfate 




(41) 


1,4-dioxane 




(42) 


epichlorohydrin 


5600 


(43) 


ethyl acetate 




(44) 


ethylenediamine 




(45) 


ethylene dibromide 


27 


(46) 


ethylene dichloride 


260 


(47) 


ethylene glycol monoeihyl 
ether 




(48) 


ethylene oxide 


1.8 


(49) 


ethyl mercaptan 




(50) 


fluorides 




(51) 


formaldehyde 




(52) 


hexachlorocyclo- 
pentadiene 





3.9 



0.79 


46 


9.2 


0.013 



5200 

10 

0.63 
0.063 

12 



6.3 



2.5 



0.34 



0.013 



lb/ 15 min 
0.013 



0.057 



0.89 



0.56 



4.2 



36 

0.64 



0.48 

0.025 
0.064 

0.0025 



0.010 



12:2 



NORTH CAROLINA REGISTER 



July 15, 1997 



86 



TEMPORARY RULES 



(53) hexachlorodibenzo-p 
-dioxin 

(54) n-hexane 

(55) hexane isomers except n- 
hexane 

(56) hydrazine 

(57) hydrogen chloride 

(58) hydrogen cyanide 

(59) hydrogen fluoride 

(60) hydrogen sulfide 

(61) maleic anhydride 

(62) manganese and 
compounds 

(63) manganese 
cyclopentadienyl 
tricarbonyl 

(64) manganese tetroxide 

(65) mercury, alkyl 

(66) mercury, aryl and 
inorganic compounds 

(67) mercury, vapor 

(68) methyl chloroform 

(69) methylene chloride 

(70) methyl ethyl ketone 

(71) methyl isobutyl ketone 

(72) methyl mercaptan 

(73) nickel carbonyl 

(74) nickel metal 

(75) nickel, soluble 
compounds, 

as nickel 

(76) nickel subsulfide 

(77) nitric acid 

(78) nitrobenzene 

(79) N-nitrosodimethylamine 

(80) pentachlorophenol 

(81) perchloroethy lene 

(82) phenol 



Ib/yr lb/day 

0.0051 

23 



Ib/hr 



lb/15 min 



1600 



0.14 



3.4 



13000 



0.013 

2.9 
0.63 

0.25 
0.63 

0.013 

0.13 

0.0013 
0.013 

0.013 
250 

78 

52 

0.013 

0.13 

0.013 



1.3 



0.063 



0.28 



23 

0.045 

0.016 
0.13 



0.025 



16 

5.6 
1.9 



0.013 



0.064 



0.13 



0.0064 



0.24 



, 



87 



NORTH CAROLINA REGISTER 



July 15, 1997 



12:2 I ' 



TEMPORARY RULES 



Ib/yr 



(83) 


phosgene 


(84) 


phosphine 


(85) 


polychlorinated biphenyls 


(86) 


potassium chromate 


(87) 


potassium dichromate 


(88) 


sodium chromate 


(89) 


sodium dichromate 


(90) 


strontium chromate 


(91) 


styrene 


(92) 


sulfuric acid 


(93) 


tetrachlorodibenzo-p- 
dioxin 


(94) 


l,l,l,2-tetrachloro-2,2,- 
difluoroethane 


(95) 


l,l,2,2-tetrachloro-l,2- 
difluoroethane 


(96) 


1,1,1 ,2-tetrachloroethane 


(97) 
(98) 


toluene 


toluene diisocvanate. 2-4 




and 2-6 isomers 


(99) 


trichloroethylene 


(100) 


trichlorofluoromethane 


(101) 


l,l,2-trichloro-l,2,2- 
fluoroethane 


(102) 


vinyl chloride 


(103) 


vinylidene chloride 


(104) 


xylene 



(105) 



5.6 



0.0056 



0.00020 



430 



4000 



26 



0.0056 



lb/day 
0.052 



0.013 
0.013 
0.013 
0.013 



Ib/hr 



0.25 



1100 



1100 



98 
0.011 



140 



2.5 
57 



zinc chromate 

(i) Calls by the Director. Notwithstanding any other 
provision of this Rule or 15A NCAC 2D . 1 104, the Director 
may, upon written finding that a source or facility emitting 
toxic air pollutants presents an unacceptable risk to human 
health based on the acceptable ambient levels in 15 A NCAC 2D 
.1104 or epidemiology studies, require the owner or operator 
of the source or facility to submit a permit application to 
comply with 15A NCAC 2D .1100. 

History Note: Authority G.S. 143-215. 3(a)(1); 143-215. 108; 
143B-282; S.L. 1989, c. 168, s. 45; 
Eff. May 1, 1990; 



lb/ 15 min 



0.008 



2.7 
0.025 



3.6 
0.001 



60 



4.1 



Amended Eff. July 1, 1996; October 1. 1993; December 1, 
1992; September 1, 1992; March 1, 1992; 
Temporary Amendment Eff. July 20. 1997. 

******************* 



Rule-making Agency: DEHNR 
Services 



Commission for Health 



Rule Citation: 15A NCAC 19A .0101 



Effective Date: July 1, 1997 



12:2 



NORTH CAROLINA REGISTER 



July 15, 1997 



88 



TEMPORARY RULES 



Findings Reviewed and Approved by: Julian Mann 

Authority for the rule-making: G.S. 130A-134: 130A-135; 
130A-139: 130A-141 

Reason for Proposed Action: This proposed temporary rule 
change is part of a more extensive permanent rewrite of the 
communicable disease reporting rule scheduled for 
consideration by the Commission for Health Sendees on August 
20, 1997. to become effective August 1, 1998. The current list 
of reportable diseases is being modified to encompass emerging 
communicable diseases of public health importance, to provide 
direction for efforts of combat potential drug-resistant 
organisms, and to expand the base of knowledge used to 
facilitate epidemiologic monitoring and program development. 
The method and scope of reporting for laboratories will be 
expanded to include important communicable disease 
information for communicable disease control as well. 

Comment Procedures: Comments may be submitted in writing 
to and copies of the proposed amended rule may be obtained 
from: Dr. Newt MacCormack. General Communicable Disease 
Control Section, NC DEHNR, PO Box 29601. Raleigh, NC 
27626-0601. (919)715-7394. 

CHAPTER 19 - HEALTH: EPIDEMIOLOGY 

SUBCHAPTER 19A - COMMUNICABLE 
DISEASE CONTROL 

SECTION .0100 - REPORTING OE 
COMMUNICABLE DISEASES 

.0101 REPORTABLE DISEASES AND 
CONDITIONS 

(a) The following named diseases and conditions are 
declared to be dangerous to the public health and are hereby 
made reportable within the time period specified after the 
disease or condition is reasonably suspected to exist: 

(1) acquired immune deficiency syndrome (AIDS) - 7 
days; 

(2) amebiasis - 7 days; 

(3) anthrax - 24 hours; 

(4) blastomycosis - 7 days; 

(5) botulism - 24 hours; 

(6) brucellosis - 7 days; 

(7) Campylobacter infection - 24 hours; 

(8) chancroid - 24 hours; 

(9) chlamydial infection (laboratory confirmed) - 7 days; 

( 10) cholera - 24 hours; 

(11) dengue - 7 days; 

(12) diphtheria - 24 hours; 

(13) E. coli0157:H7 infection - 24 hours; 

(14) encephalitis - 7 days; 

(15) foodbome disease, including but not limited to 
Clostridium perfringens, staphylococcal, and Bacillus 
cereus - 24 hours; 



(16) gonorrhea - 24 hours; 

(17) granuloma inguinale - 24 hours; 

(18) Haemophilus influenzae, invasive disease - 24 hours; 

(19) hepatitis A - 24 hours; 

(20) hepatitis B - 24 hours; 

(21) hepatitis B carriage - 7 days; 

(22) hepatitis non-A, non-B - 7 days; 

(23) human immunodeficiency virus infection (HIV) 
confirmed - 7 days; 

(24) legionellosis - 7 days; 

(25) leprosy - 7 days; 

(26) leptospirosis - 7 days; 

(27) Lyme disease - 7 days; 

(28) lymphogranuloma venereum - 7 days; 

(29) malaria - 7 days; 

(30) measles (rubeola) - 24 hours; 

(31) meningitis, pneumococcal - 7 days; 

(32) meningitis, viral (aseptic) - 7 days; 

(33) meningococcal disease - 24 hours; 

(34) mucocutaneous lymph node syndrome (Kawasaki 
syndrome) - 7 days; 

(35) mumps - 7 days; 

(36) nongonococcal urethritis - 7 days; 

(37) plague - 24 hours; 

(38) paralytic poliomyelitis - 24 hours; 

(39) psittacosis - 7 days; 

(40) Q fever - 7 days; 

(41) rabies, human - 24 hours; 

(42) Reye's syndrome - 7 days; 

(43) Rocky Mountain spotted fever - 7 days; 

(44) rubella - 24 hours; 

(45) rubella congenital syndrome - 7 days; 

(46) salmonellosis - 24 hours; 

(47) shigellosis - 24 hours; 

(48) syphilis - 24 hours; 

(49) tetanus - 7 days; 

(50) toxic shock syndrome - 7 days; 

(51) trichinosis - 7 days; 

(52) tuberculosis - 24 hours; 

(53) tularemia - 24 hours; 

(54) typhoid - 24 hours; 

(55) typhoid carriage (Salmonella typhi) - 7 days; 

(56) typhus, epidemic (louse-borne) - 7 days; 

(57) vibrio infection (other than cholera) - 24 hours: 
t^rh (5H) whooping cough - 24 hours; 

f5m(59> yellow fever - 7 days. 

(b) For purposes of reporting; confirmed human 
immunodeficiency virus infection (HIV) is defined as a positive 
vims culture; repeatedly reactive EIA antibody test confirmed 
by western blot or indirect immunofluorescent antibody test; 
PCR; or other confirmed testing method approved by the 
Director of the State Public Health Laboratory conducted on or 
after February 1, 1990. In selecting additional tests for 
approval, the Director of the State Public Health Laboratory 
shall consider whether such tests have been approved by the 
federal Food and Drug Administration, recommended by the 
federal Centers for Disease Control and Prevention, and 



89 



NORTH CAROLINA REGISTER 



July 15, 1997 



12:2 



TEMPORARY RULES 



endorsed by the Association of State and Territorial Public 
Health Laboratory Directors. 

(c) In addition to the laboratory reports specified in G.S. 
130A-139, laboratories shall report isolates of E. coli 0157:H7. 

History Note: Filed as a Temporary Rule Eff. February 1, 
1988, for a period of 180 days to expire on July 29, 1988; 
Authority G.S. 130A-134; 130A-135; 130A-139; 130A-I41; 
Ejf. March 1, 1988; 

Amended Eff. October 1, 1994; February 1, 1990; 
Temporary Amendment Eff. July 1. 1997. 



12:2 NORTH CAROLINA REGISTER July 15, 1997 90 



RULES REVIEW COMMISSION 



1 his Section contains the agenda for the next meeting of the Rules Review Commission on Thursday. July 17. 1997. 10:00 
a.m. . at 1307 Glenwood .4ve. . Assembly Room. Raleigh. NC. Anyone wishing to submit written comment on any rule before 
the Commission should submit those comments to the RRC staff, the agency, and the individual Commissioners by Monday. 
July 14. 1997. at, 5:00 p.m. Specific instructions and addresses may be obtained from the Rules Revie>v Commission at 919- 
733-2721. Anyone wishing to address the Commission should notify the RRC staff and the agency at least 24 hours prior 
to the meeting. 



RULES REVIEW COMMISSION MEMBERS 



Appointed by Senate 

Philip O. Redwine - Chairman 

Vemice B. Howard 

Teresa L. Smallwood 

Charles H. Henry 



Appointed by House 

Bill Graham - Vice Chairman 

James Mallory, III 

Paul Powell 

Anita White 



RULES REVIEW COMMISSION MEETING DATES 



July 17, 1997 
August 21, 1997 
September 18, 1997 



October 16, 1997 
November 20, 1997 



MEETING DATE: JULY 17, 1997 

LOG OF nLEMGS 

RULES SUBMITTED: MAY 20, 1997 THROUGH JUNE 20, 1997 



AGENCY/DIVISION 



RULE NAME 



DHR/DIVISION OF MEDICAL ASSISTANCE 

Initial Interview 

Income 

Change in Situation 

JUSTICE/SBI/DIVISION OF CRIMINAL INFORMATION 

Definitions 

DCI Terminal Operator 
Period of Suspension 
Minimum Standards 

DEHNR/ENVmONMENTAL MANAGEMENT COMMISSION 

Conditions for Issuing 

DEHNR/COMMISSION FOR HEALTH SERVICES 

General 



RULE 


ACTION 


10 NCAC SOB .0202 


Amend 


10 NCAC SOB .0404 


Amend 


10 NCAC 508 .0409 


Amend 


12 NCAC 4E .0104 


Amend 


12 NCAC 4E .0401 


Amend 


12 NCAC 4E .0404 


Adopt 


12 NCAC 4E .0405 


Adopt 



ISA NCAC 2H .0225 



ISA NCAC 13A .0101 



Adopt 



Amend 



TRANSPORTATION/DIVISION OF HIGHWAYS 

Use of Right of Way Consultants 
General Regulations 

NC HOUSING FINANCE AGENCY 

Purpose 
Eligibility 



19A NCAC2B .0164 
19ANCAC2D .0415 



24 NCAC IP .0101 
24 NCAC IP .0102 



Amend 
Amend 



Adopt 
Adopt 



91 



NORTH CAROLINA REGISTER 



July 15, 1997 



12:2 



RULES REVIEW COMMISSION 



Types of Assistance 
Application Procedures 
Selection Procedure 
Disbursement of Funds 



24 NCAC IP .0103 
24 NCAC IP .0201 
24 NCAC IP .0202 
24 NCAC IP .0203 



Adopt 
Adopt 
Adopt 
Adopt 



ADMINISTRATION 



RULES REVIEW OBJECTIONS 



State Construction 

/ NCAC 30G .0102 - Policy 
No Response from Agency 
Agency Revised Rule 

1 NCAC 30G .0104 - General Procedures 

No Response from Agency 
Agency Revised Rule 

AGRICULTURE 

2 NCAC 43F .0003 - Standards for Receptacles: Labeling: Etc. (Recodified to .0103) 

Agency Revised Rule 
2 NCAC 43H .0007 - Special Requirements (Recodified to .0107) 
Agency Revised Rule 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Marine Fisheries 

15A NCAC 30 .0101 - License Agents 
Agency Revised Rule 

HUMAN RESOURCES 



RRC 


' Objection 


03/20/97 
04/17/97 


Obj. 


Removed 


05/15/97 


RRC 


' Objection 


03/20/97 
04/17/97 


Obj. 


Removed 


05/15/97 



RRC Objection 


05/15/97 


Obj. Removed 


06/19/97 


RRC Objection 


05/15/97 


Obj. Removed 


06/19/97 



RRC Objection 
Obj. Removed 



04/17/97 
05/15/97 



Facility Services 

10 NCAC 3R .3033 - Open Heart Surgery Services Need Determinations (Rev. Cat. H) 



RRC 


Objection 


01/16/97 


Obj. 


Cont'd 


02/20/97 


Obj. 


Cont'd 


03/20/97 


Obj. 


Cont'd 


06/19/97 



DEPARTMENT OF JUSTICE 



Criminal Justice Education & Training Standards Commission 

12 NCAC 9B .0102 - Background Investigation 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



04/17/97 
05/15/97 



12:2 



NORTH CAROLINA REGISTER 



July 15, 1997 



92 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the more significant Administrative Law Judge decisions along with an index 
to all recent contested cases decisions which are filed under North Carolina's Administrative Procedure Act. Copies of 
the decisions listed in the index and not published are available upon request for a minimal charge by contacting the Office 
of Administrative Hearings, (919) 733-2698. 



OFFICE OF ADMINISTRATIVE HEARINGS 

Chief Administrative Law Judge 

JULIAN MANN, III 

Senior Administrative Law Judge 
FRED G. MORRISON JR. 

ADMINISTRA TIVE LA W JUDGES 



Brenda B. Becton 
Sammie Chess Jr. 
Beecher R. Gray 



Meg Scott Phipps 

Robert Roosevelt Reilly Jr. 

Dolores O. Smith 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF PlfBLISHED DECISION 

DECISION REGISTER CITATION 



ALCOHOLIC BEVERAGE CONTROL CONEVOSSION 

Alcoholic Beverage Control Comm v. Fasi Fare. Inc 
Alcoholic Beverage Control Comm v Paradise Landing. Inc. 

DEPARTMENT OF CORRECTION 

David M Boone v. Correction. Div. of Prison Admin Remedy Procedure 

ENVIRONMENT, HEALTH, AND NATURAL RESOlTtCES 

John Ronald Taylor v. Environment. Health. & Natural Resources 
Rick Parker v Pitt County Health Dept./Mr Ernie Nichols 

Solid Waste Management 

Loie J Priddy v Division of Solid Waste Management. EHNR 

HITVLAjN RESOURCES 

Division of Facility Sen'ices 

Kizzie Cooper v. DHR. Facility Svcs, Health Care Personnel Registry Sec, 97 DHR 0459 

Certificate of Need Section 

Carolina Imaging. Inc/Fayetieville v, DHR. Facility Svcs. Cert/Need Sec, 96 DHR 1570 
and 
Cumberland Cty Hospital System, Inc. d/b/a Cape Fear Valley Med. Ctr. 

Group Licensure Section 

Jeffreys Family Care #2 v, DHR, Facility Svcs Group Licensure Section 97 DHR 0259 



96 ABC 0483 


Morrison 


06/18/97 






97 ABC 0031 


Gray 


06/13/97 






97 DOC 0534 


Morrison 


06/16/97 






97 EHR 0275 


Reilly 


06/09/97 






97 EHR 0470 


Phipps 


07/01/97 






96 EHR 1838 


Morrison 


06/20/97 


12:02 NCR 


103 



Phipps 



Phipps 



Mann 



06/09/97 



06/24/97 



06/17/97 



12:02 NCR 95 



93 



NORTH CAROLINA REGISTER 



July 15, 1997 



12:2 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Division of Social Services 

Child Support Enforcement Section 

David Lee Chamblee Jr. v. Department of Human Resources 
Dennis Larson v Department of Human Resources 
Scott M. Rodriguez v Department of Human Resources 
Roger G Foster v Department of Human Resources 
Charlie T. Smith v. Department of Human Resources 
Willie L. Berry v. Department of Human Resources 
Tony Orlando Steele v. Department of Human Resources 
Almiron J. Deis v. Department of Human Resources 
Gregory D Simpson v Department of Human Resources 
Jeffrey Pierce v. Department of Human Resources 
William C. Rivera v. Department of Human Resources 
Lenora McCracken v Department of Human Resources 
Scott M- Rodriguez v Department of Human Resources 
Sarah Chambers v. Department of Human Resources 
William A. Rogers v. Department of Human Resources 
Curtis Leon Mock v. Department of Human Resources 

JUSTICE 



Imran Ramnarine v Department of Justice, Company Police Program 97 DOJ 2071 

Education and Training Standards Division 

Charles Thomas Ohnmacht, Jr v CrimI- Justice EdATraining Stds, Comm. 96 DOJ 0353 
Christopher Lee v Criminal Justice Ed, & Training Standards Comm. 97 DOJ 0076 

Frank Arlander Hearne v. CrimI. Justice Ed. & Training Stds. Comm. 97 DOJ 0137 

Private Protective Services Board 

Private Protective Services Board v. Phillip L. Hanson 
Ronald Anthony Bobeck v. Private Protective Services Board 

PUBLIC INSTRUCTION 

Meridith Kirkpatrick. by her parent, Susan Kirkpatrick and Meridith 
Kirkpatrick. Individually v. Lenoir County Board of Education 

STATE PERSONNEL 

Brunswick Community College 

Dr. Donald W Skinner v. Brunswick Community College 

Department of Correction 

Dennis Harrell v Department of Correction 

Morton Floyd v New Hanover Department of Correction 

Department of Human Resources 

Clifton Dean Hill v Department of Human Resources 

Department of Public Instruction 

Frances Phillips Melott v. Department of Public Instruction 

University of North Carolina 

Diane Riggsbee-Raynor v. UNC at Chapel Hill 



96CRA 1281 


Morrison 


06/16/97 


96CRA 1793 


Chess 


06/17/97 


96 CRA 1818'' 


Gray 


06/25/97 


97 CRA 0043 


Phipps 


06/19/97 


97 CRA 0280 


Reilly 


06/16/97 


96CSE 1319 


Gray 


06/25/97 


96 CSE 1337 


Mann 


06/30/97 


96 CSE 1456 


Gray 


06/25/97 


96 CSE 1527 


Reilly 


06/25/97 


96 CSE 1613 


Mann 


06/30/97 


96 CSE 1622 


Mann 


06/18/97 


96 CSE 1644 


Mann 


06/30/97 


96 CSE 1817*' 


Gray 


06/25/97 


97 CSE 0278 


Morrison 


06/16/97 


97 CSE 0410 


Gray 


06/25/97 


97 CSE 0490 


Mann 


06/17/97 



96 DOJ 0795 

97 DOJ 0476 



97 OSP0310 



96 OSP 2039 
97OSP0152 



97 OSP 0007 



95 OSP 0907 



96 OSP 0326 



Becton 



Smith 
Morrison 



96 EDC 0979 Overby 



Phipps 



Chess 
Gray 



Phipps 



Trawick 



Chess 



06/11/97 



Phipps 


06/13/97 


Morrison 


06/19/97 


Reilly 


06/10/97 



06/05/97 
06/20/97 



06/02/97 



06/12/97 



06/18/97 
06/13/97 



06/20/97 



06/09/97 



06/04/97 



12:02 NCR 107 



12:01 NCR 39 



Consolidated Cases. 



12:2 



NORTH CAROLINA REGISTER 



July 15, 1997 



94 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COL?s"n' OF CL^IBERLANT) 



IN THE OFFICE OF 
ADMINTSTRATIVE HEARINGS 
96 DHR 1570 



CAROLINA IMAGING, INC., OF FAYTTTEVILLE, 

Petitioner, 



NORTH CAROLINA DEPARTMENT OF HL^IAN, 
RESOLTtCES, DIVISION OF FACILITY SERVICES, 
CERTIFICATE OF NTED SECTION, 
Respondent. 

and 

CL^IBERLANT) COLINTV HOSPITAL SYSTEM, 
INC., d/b/a CAPE FEAR VALLEY MEDICAL 
CENTER 



Respondent-Intervenor. 




STATEMENT OF THE CASE 

On October 22, 1996. the Petitioner, Carolina Imaging, Inc. of Fayetteville ("CIC"), commenced this contested case to 
challenge the initial decision of the Respondent, Department of Human Resources, Division of Facility Services, Certificate of Need 
Section (the "Agency"), disapproving CIC's application for a Certificate of Need ("CON") to acquire a magnetic resonance imaging 
scanner. The Respondent-Intervenor, Cumberland County Hospital System, Inc. d/b/a Cape Fear Valley Medical Center ("Cape 
Fear"), intervened by order dated December 4, 1996. 

This matter came on for hearing before Administrative Law Judge Meg Scott Phipps on June 1 1 , 1997 in Raleigh, North 
Carolina, upon the Motion for Summarv' Disposition by Cape Fear directed against Petitioner CIC. The Agency concurred in the 
Respondent-Inten.enor's motion. CIC filed a response opposing the motion. Oral arguments on the motions were heard by the 
Administrative Law Judge on June 1 1. 1997. 



APPEARANCES 

Robert V. Bode 

S. Todd Hemphill 

Bode, Call & Stroupe, LLP 

Staci L. ToUiver 
Assistant Attorney General 
N.C. Department of Justice 

Mary Beth Johnston 
Louis B. Meyer III 
Thomas R. West 
Poyner (feSpruill, LLP 

ISSLTS 

1. Whether there is any genuine issue as to any material fact that Petitioner could pre\'ail on its claims that the 

Agency exceeded its authorit\- or jurisdiction, acted erroneously, failed to use proper procedure, or failed to act as required by law 
or rule when it found CIC's application non-conforming to regulatory criteria 10 NCAC 3R .2715(3), .2715(5) and .2715 (7), and 
statutory' criteria G.S. 131E-183(a)(4) and G.S. 131E-183(a)(6). 



For Petitioners: 



For Respondent: 



For Respondent-Intervenor: 



95 



NORTH CAROLINA REGISTER 



July 15, 1997 



12:2 



CONTESTED CASE DECISIONS 



2. Whether Petitioner's failure to conform to any one or all of the criteria set forth hereinabove required the Agency 
to deny CIC's application. 

3. Whether Cape Fear and the Agency are entitled to summary disposition as a matter of law denying the relief 
sought by Petitioner. 

BURDEN OF PROOF 

The moving party has the burden of establishing that there is no genuine issue as to any material fact and that it is entitled 
to summary disposition as a matter of law. 

SUMMARY OF UNDISPUTED FACTS 

Based on the uncontroverted evidence appearing of record, to which consideration may be given under G.S. 150B-33(3a), 
26 NCAC 3 .0101, 3 .0105(6), and Rule 56, N.C.R.Civ.P., including the pleadings, motions, and exhibits, and having considered 
the legal memoranda submitted by the parties and the oral arguments, the Administrative Law Judge has concluded that there is 
no genuine issue as to any material fact and makes the following summary of undisputed facts:' 

1. 

1 . Cape Fear is a non-profit corporation with its principal place of business located in Cumberland County, North 
Carolina. Cape Fear is licensed under Chapter 131E of the Nonh Carolina General Statutes to operate a 521-bed hospital in 
Fayetteville, North Carolina. 

2. Among the services offered by Cape Fear is magnetic resonance imaging ("MRI"). Cape Fear's MRI is one of 
three MRIs operating at a fixed location in Fayetteville. Each of these three existing MRIs is a "closed bore" scanner. 

3. CIC, the Petitioner, operates a health care facility in Cumberland County. CIC applied on April 15, 1996 for 
a certificate of need ("CON") to acquire a new "open-access" MRI scarmer. 

4. CIC's CON application was submitted to, and was administratively reviewed by, the Agency. The project was 
identified by the Agency as Project ID No. M-5350-96. 

5. Cape Fear and CIC are geographically located in the Fayetteville area within the same county. 

6. The administrative review process for a CON provides for a period of public comment. Cape Fear timely opposed 
CIC's CON application by submitting written comments and by participating in the public hearings. 

7. By letter on or about September 23, 1996, the Agency formally notified CIC that, pursuant to the Agency's 
administrative review, the Agency had determined that CIC's application failed to conform to the Statutory Review Criteria found 
at G.S. 131E-183(a) (3), (4), (5), (6), (8), and (18a) and to Special Review Criteria promulgated at 10 NCAC 3R .2714(b)(3), 
.2715(2), .2715(3), .2715(5), .2715(7), .2716(a), and .2718(d). 



'The Administrative Procedure Act requires that "in each contested case the Administrative Law Judge shall 
make a recommended decision that contains findings of fact and conclusions of law" except in certain cases where 
the ALJ makes the final decision. G.S 150B-34 The Administrative Law Judge recognizes that, in civil cases 
in superior court, findmgs of fact to resohe disputed, material facts would not be appropnate in summary- 
judgment, but where the matenal facts are not disputed and summar\ judgment is appropnate. "it is helpful to the 
parties and the court for the tnal judge to articulate a summary of the matenal facts which he considers are not 
at issue and which justify entry of judgment" Hyde Ins. Agency. Inc. v. Dixie Leasing Corp. 26 N.C.App 138, 
142, 215 S.E.2d 162 (1975); Rogerson v. Davis. 27 N.C.App 173. 178, 218 S E.2d 471 (1975) (tnal court may 
properly list the material, uncontroverted facts which are the basis of conclusions of law and judgment). This 
decision sets forth the facts as to which there is no genuine issue On the dispositive issues discussed herein, there 
were no disputes that presented a "genuine" issue or involved a "matenal" fact. 



12:2 NORTH CAROLINA REGISTER July 15, 1997 96 



CONTESTED CASE DECISIONS 



8. The Agency set forth in detail the Agency's required findings and conclusions. 

9. Subsequent to the Agency's disapproval of CIC's CON application, CIC filed a petition for contested case hearing 
in the Office of Administrative Hearings on or about October 22, 1996, naming the Agency as the Respondent. 

10. On November 15, 1996, Cape Fear moved to intervene in the contested case. CIC opposed the motion. 

11. On December 4, 1996, the presiding Administrative Law Judge, Dolores O. Smith, issued an Order Allowing 
Intervention. This contested case was re-assigned to the undersigned Administrative Law Judge on June 4, 1997. 

IL 

12. The Certificate of Need Law sets forth criteria for review of CON applications. Among the statutory criteria with 
which the Agency found CIC's application Non Conforming are G.S. 131E-183(a)(4) and (6). 

13. G.S. 13 1E-I83(a)(4) provides: 

Where alternative methods of meeting the needs for the proposed project exist, the applicant shall demonstrate that the least costly 
or most effective alternative has been proposed. 

14. G.S. 131E-183(a)(6) provides: 

The applicant shall demonstrate that the proposed project will not result in unnecessary duplication of existing or approved health 
service capabilities or facilities. 

15. The Certificate of Need Law authorizes the Department of Human Resources to adopt rules for the review of 
particular types of applications that will be used in addition to those criteria outlined in subsection (a) of G.S. 131E-183. The rules 
may vary according to the purpose for which a particular review is being conducted or the type of health service reviewed. G.S. 
131E-183(b) 

16. Pursuant to G.S. 131E-183(b), the Agency has duly promulgated rules relating to applications for MRI scanners. 
The three regulatory criteria upon which Cape Fear relies in its motion for summary disposition were promulgated as temporary 
rules effective September 1, 1993. The rules became permanent rules effective February 1, 1994. 

17. The Agency found CIC's application for MRI service to be Non Conforming with a number of statutory and 
regulatory criteria. Those criteria are fully set forth hereinabove in paragraph 7 setting forth the findings from which CIC appealed. 

18. Cape Fear moved for summary disposition only on the basis of G.S. 131E-183(a){4) and (6), and the following 
regulatory criteria promulgated by the Agency pursuant to G.S. 131E-183(b): 

a. 10 NCAC3R .2715(3), 

b. 10 NCAC 3R .2715(5), and 

c. 10 NCAC 3R .2715(7). 

III. 

19. Pursuant to 10 NCAC 3R .2715, an applicant, such as CIC, proposing to acquire a MRI scanner shall: 

a. Demonstrate that all of the existing MRI scarmers operating in the proposed MRI service area shall be 
performing at least 2,032 MRI procedures per year in the applicant's third year of operation .2715(3) : 

b. Demonstrate that all existing mobile MRI scanners operating in the proposed MRI service area performed 
at least an average of eight procedures per day per site in the proposed MRI service area in the last year and shall 
be performing at least an average of eight procedures per day per site in the proposed MRI service area in the 
applicant's third year of operation .2715(5) : and 

c. Document the assumptions and provide data supporting the methodology used for each projection 



97 NORTH CAROLINA REGISTER July 15, 1997 12:2 



CONTESTED CASE DECISIONS 



required in 10 NCAC 3R .2715(7) . 

20. In its application proposing to acquire a MRI scanner, CIC stated, in regard to regulatory criteria .2715(3), that 
it was, 

^'Not Applicable. ... [E]xisting MRI scanners are not capable of addressing the target population and therefore 
their utilization should not be used as an indicator or measure of need for services they are not capable of 
providing." 

Application, p. 23. 

21. CIC stated, in regard to regulatory criteria .2715(5) that it was, 

"Not Applicable. This standard is not applicable to this proposal to acquire an open access MRI, because there are no 
mobile open access MRI scanners in operation in the proposed service area. Existing mobile MRI scanners are unable to 
address the population proposed to be served, consisting of primarily claustrophobic, highly anxious, large or obese, and 
pediatric patients, and therefore their current utilization cannot and should not be relevant to a need they are incapable of 
addressing or meeting." 

Application, p^ 24^ 

22. CIC's "target population" includes "...the claustrophobic, the physically large or obese, the anxious, and the 
pediatric patient. " Application, p^ 10. 

23. CIC proposed to serve patients in a Primary Service Area consisting of Cumberland, Robeson, Harnett and 
Johnston counties. CIC's proposed Secondary Service Area is Sampson, Hoke, Bladen, Duplin and Columbus counties. 

24. There are three MRI scaimers located in Fayetteville at fixed locations. The scaimers are located at Cape Fear, 
Fayetteville Diagnostic Center, and Highsmith-Rainey Hospital & Medical Arts Imaging, Inc. 

25. There are six mobile MRI scanners located in the Service Area proposed to be served by CIC. Of those six, only 
one was performing at least an average of eight procedures per day per site in the last year. 

IV. 

26. CIC's application was prepared by The Innovative Health Group, Inc. ("Innovative"). Innovative's President 
is Gary Vaughn. Mr. Vaughn provided an affidavit in response to the Motion for Summary Disposition. In that affidavit, Mr. 
Vaughn states, 

"[b]ecause CIC did not project to serve the same population as was receiving MRIs at existing providers, in my 
opinion, the CON Section erred in finding the rules set forth in 10 NCAC 3R .2715, regarding the actual and 
projected utilization of existing MRI providers, applicable to this review." 

27. The administrative rules at issue in Cape Fear's Motion for Summary Disposition are entitled, "Criteria and 
Standards for Magnetic Resonance Imaging Scanner". The rules have been duly promulgated. The rules have been the law of 
North Carolina with regard to CON applications for MRI scanners since September 1, 1993. 

28. No one from CIC or Iimovative held a conference with anyone from the Agency to determine whether the rules 
were anything but applicable to CIC's application. 

29. Pursuant to G.S. 150B-4(a), CIC is empowered to ask for a Declaratory Ruling from the Agency as to the 
applicability of administrative rules to a given state of facts. CIC made no such request of the Agency. 

30. Moreover, CIC did not petition the Agency for adoption of a rule pursuant to G.S. 150B-20, declaring the 
administrative rules inapplicable to its application for an MRI scanner, or otherwise revising the rules in light of the alleged 
distinctive attributes of an "open access" MRI scanner. 



12:2 NORTH CAROLINA REGISTER July 15, 1997 98 



CONTESTED CASE DECISIONS 



31. In preparing its application to acquire an MRI scanner, CIC made no effort to determine how many obese or 
claustrophobic people are not ser\'ed by existing MRI scanners in Cumberland County. CIC projected that during the first two years 
of its operation of the newly acquired MRI scaimer, over 64 9^ of its patients would come from Cumberland County and that no 
more than 6% of its patients would come from any other county it proposed to serve. 

32. During the discovery process in this contested case, Cape Fear propounded interrogatories upon CIC, in which 
Cape Fear asked CIC, in Interrogatory #9, to identify all instances to CIC's knowledge, since Januar)' 1, 1993, in which a patient 
referred to a MRI scanner in Cumberland Count)' was unable to undergo the procedure in an existing "closed bore" MRI. The 
interrogatory asked CIC to state the MRI operator to whom the patient was referred, the reason the patient could not undergo the 
procedure, whether the patient subsequently underwent the procedure through an "open access" MRI, and the name of the open 
access MRI operator who performed the procedure. 

33. CIC responded to the interrogatory by stating it was still in the process of investigating this question and would 
supplement its Responses as information became available. The answer was filed on February 7, 1997, more than nine months after 
CIC represented in its application to acquire an MRI scanner that "[t]here are no legitimate alternative solutions to meeting the need 
for the service capabilities of [its proposed] open access MRI." Application, p. 15 . 

34. CIC updated its answers to Cape Fear's interrogatories once, and the Agency's interrogatories three times. CIC 
never updated the answer to Cape Fear's Interrogatory #9. 

35. CIC attached to its application an article reprinted from New Jersey Medicine . June 1990, Vol. 87, No. 6, p. 479- 
483, entitled "Claustrophobia During MR Imaging. " Application. E.xhibit Q. The article reports one study of patients who had 
just completed an MRI. The study indicates that 65% of those patients experienced anxiety or claustrophobia, and that 42% 
reported that they received little or no information about the MRI procedure from the referring physician. The article describes 
an integrative management approach which begins with educating and counseling patients, and giving them emotional support and 
reassurance. The management approach moves through environmental manipulation such as music and behavioral techniques such 
as fantasy and daydreams. The fmal management option for claustrophobic patients is the use of medication, such as valium. The 
medication can be administered by mouth. 

36. Mary Edwards worked for Innovative for over nine years until December 9, 1996. Ms. Edwards developed 
approximately sixty Certificate of Need proposals for Innovative and has been primarily responsible for drafting three applications 
for acquisition of a Hitachi Airis "open access" MRI scanner identical to the scanner that is the subject of CIC's application at issue 
in this contested case. Ms. Edwards was involved in the preparation of the application at issue. Ms. Edwards was identified by 
CIC as an expert witness in this case in the fields of health planning and certificate of need application preparation and analysis. 

37. Ms. Edwards testified at her deposition in this case that she had one conversation with radiology technologists 
at a hospital in Harnett County regarding that facility's experience in whether claustrophobic people could be served by existing 
MRI scanners. The person she spoke with told her valium was an easy thing to take and that claustrophobic people can manage 
and handle the MRI procedure. Ms. Edwards was impressed by how quickly the facility could handle the claustrophobia and how 
they were able to manage it. 

38. Ms. Edwards testified that she was not aware of any obese or claustrophobic patients that had to be referred out 
from the three existing MRI scanners in Cumberland County. 

39. Ms. Edwards also testified in regard to mobile MRIs in the proposed service area, that if 10 NCAC 3R .2715(5) 
is applicable to CIC's application, then CIC's application does not conform to the regulator.' criteria because the existing mobile 
providers of MRI service in CIC's proposed service area were not performing an average of eight procedures per day per site. 

VI. 

40. Mr. Vaughn, the President of Innovative, was primarily responsible for drafting CIC's application at issue in this 
contested case, with the help of his company's in-house lawyer. 

41 . Mr. Vaughn testified at his deposition in this case that CIC would not only serve the "target population" it had 
identified, but that CIC planned to serve the general population currently served by existing MRI providers in Fayetteville and 



99 NORTH CAROLINA REGISTER July 15, 1997 12:2 



CONTESTED CASE DECISIONS 



existing mobile MRI providers in the proposed service area. 

42. CIC is required by 10 NCAC 3R .2715(2) to project annual utilization in its third year of operation of at least 
2,032 MRI procedures per year. CIC projected in its application that it would exceed 2.032 procedures during its third year. Mr. 
Vaughn made it clear in his deposition that CIC's projections are based on service not only to the population it describes as its 
"target population", but also to the general population served by existing providers of MRI services. 

43. Mr. Vaughn acknowledged in his deposition that to the extent CIC provided MRI services to the general 
population, its utilization could impact the utilization of the existing mobile scanners. 

44. Ms. Edwards testified that CIC would not deny access to somebody who needs an MRI because they don't fall 
in the "target population", and would perform an MRI on anyone who was referred by a doctor regardless of whether they're in 
the "target population". Edwards agreed that to the extent CIC performs procedures on the general population, it would represent 
a duplication of existing services. 

VII. 

45. CIC argues in its Response to the Motion for Summary Disposition that if a provider is proposing the same 
services as that provided by existing providers in a service area, then the CON Section will want to investigate their utilization, 
to see whether the new service will be duplicating existing services. CIC argues that the problem with regulatory criteria 
.2715(3), (5), and (7) is that they fail to take into account the advent of new technology which completely changes the population 
to be served by the proposed new service. CIC argues that once the population changes, the rules become irrelevant. 

46. CIC proposes to serve the general population currently served by existing providers of MRI service in Cumberland 
County and the providers of mobile MRI service in CIC's proposed service area. 

47. The existing providers of MRI service may obtain an exemption from Agency review if they want to replace their 
existing MRI scanners with the type of scanner CIC has applied with the Agency to acquire. 

CONCLUSIONS OF LAW 

Based on the foregoing summary of undisputed facts, the Administrative Law Judge makes the following conclusions of 
law: 

1. G.S. 131E-183(4) and G.S. 131E-183(6) apply to CIC's application at issue in this contested case. 

2. The regulatory criteria promulgated at 10 NCAC 3R .2715(3), (5) and (7) apply to CIC's application at issue in 
this contested case. These criteria apply to "closed bore " and "open access" MRI scanners. 

3 . The regulatory criteria set forth in Conclusion #2 hereinabove have been duly promulgated and have the force 
of law. 

4. CIC failed to demonstrate in its application to acquire a MRI scanner that all of the existing MRI scanners 
operating at fixed locations in the proposed MRI service area shall be performing at least 2,032 MRI procedures per year in CIC's 
third year of operation. As a result, CIC failed to conform to 10 NCAC 3R .2715(3). For that reason alone, the Agency could 
have properly denied CIC's application. 

5. CIC failed to demonstrate in its application to acquire a MRI scanner that all of the existing mobile MRI scaimers 
operating in the proposed MRI service area performed at least an average of eight procedures per day per site in the proposed MRI 
service area in the last year. Furthermore, CIC failed to demonstrate that said existing mobile MRI scanners shall be performing 
at least an average of eight procedures per day per site in the proposed MRI service area in CIC's third year of operation. As a 
result, CIC failed to conform to 10 NCAC 3R .2715(5). For that reason alone, the Agency could have properly denied CIC's 
application. 

6. CIC failed to document in its application to acquire a MRI scanner the assumptions and provide data supporting 
the methodology used for the projections required by regulatory criteria .2715(3) and .2715(5). As a result, CIC failed to conform 



12:2 NORTH CAROLINA REGISTER July 15, 1997 100 



CONTESTED CASE DECISIONS 



to 10 NCAC 3R .2715(7). For that reason alone, the Agency could have properly denied CIC's application. 

7. The Agency acted pursuant to law by applying the regulatory criteria at issue in Cape Fear's Motion for Summary 
Disposition to CIC's application. The Agency would have acted in an arbitrary and capricious manner if it had failed to apply the 
regulatory criteria to CIC's application. 

8. The Agency correctly found CIC to be Non Conforming with the regulatory criteria cited hereinabove. 

9. CIC took the position in its application that 10 NCAC 3R .2715(3) and (5) are inapplicable because existing MRI 
scanners are not capable of addressing the "target population". The combination of material in CIC's application, which 
demonstrates that many members of the "target population" complete MRI scans in traditional "closed bore" MRI scanners, together 
with CIC's failure to name one instance, since January 1 , 1993, where a patient referred to a MRI scanner in Cumberland County 
was unable to undergo the procedure in an existing "closed bore" MRI, compels the conclusion that existing "closed bore" machines 
in Fayetteville serve the "target population". 

10. CIC's expert wimesses admit that to the extent patients outside its "target population" are served by existing fixed 
and mobile MRI scanners, CIC's proposed MRI scanner will duplicate existing services. CIC's proposed scanner would serve the 
general population in addition to its "target population". 

1 1 . CIC's proposed MRI scarmer would result in unnecessary duplication of existing health service capabilities or 
facilities in place in CIC's proposed service area in violation of G.S. 131E-183(a)(6). 

12. CIC takes the position in its application that there are no legitimate alternative methods of meeting the needs for 
the scanner it proposes to acquire. CIC's position is contradicted by the imdisputed facts. CIC fails to demonstrate that its proposal 
is the least costly or most effective alternative, in violation of G.S. 131E-183(a)(4), because CIC's proposal completely fails to 
address the costs associated with the unnecessary duplication of MRI services in the service area CIC proposes to serve that would 
be caused by the introduction of its scanner. 

13. "[T]he proliferation of unnecessary health service facilities results in costly duplication and underuse of facilities, with 
the availability of excess capacity leading to unnecessary use of expensive resources and overutilization of health care services". 
G.S. 131E-175(4) . 

14. "[Ejxcess capacity of health service facilities places an enormous economic burden on the public who pay for the 
construction and operation of these facilities as patients, health insurance subscribers, health plan contributors, and taxpayers." G.S. 
131E-175(6) . 

15. CIC's failure to conform to any one of the criteria that are the subject of the Motion for Summary Disposition 
can properly result in a denial of its application by the Agency. 

16. "With regard to G.S. 131-183{a)(4) and (6), and 10 NCAC 3R .2715(3), (5), and (7), there are no genuine issues 
of material fact, and based upon the law, Respondent Agency and Respondent-Intervenor Cape Fear are entitled to summary 
disposition as a matter of law. 

17. As a matter of law, CIC caimot be granted the relief it seeks in its petition for a contested case hearing. 

RECOMMENDED DECISION 

The Agency's initial decision, on or about September 23, 1996, to deny CIC's application for a CON to acquire a new. 
MRI scaimer should be AFFIRMED. The relief sought by CIC in its petition should be DENIED. 



101 NORTH CAROLINA REGISTER July 15, 1997 12:2 



CONTESTED CASE DECISIONS 



ORDER 

It is ORDERED that the Agency serve a copy of the final decision on the Office of Administrative Hearings, P.O. Drawer 
27447, Raleigh, NC 27611-7447, in accordance with G.S. 150B-36(b). 

NOTICE 

The final decision in this contested case shall be made by the North Carolina Depanment of Human Resources, Division 
of Facility Services. Each party has the right to file exceptions to this recommendation and to present written arguments. 

DPS is required by G.S. 15013-36(13) to serve a copy of the fmal decision on all parties and to furnish a copy to the panics' 
attorney of record and to the Office of Administrative Hearings. 

This the 24" day of June, 1997. 



Meg Scott Phipps 
Administrative Law Judge 



12:2 NORTH CAROLINA REGISTER July 15, 1997 102 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF GUILFORD 



IN THE OFFICE OF 
ADMINISTRATIVE HEARINGS 
96 EHR 1838 



LOIE J. PRIDDY, 
Petitioner, 



DIVISION OF SOLID WASTE MANAGEMENT, 
N.C. DEPT. OF ENVIR., HEALTH & NAT. RES., 
Respondent. 



RECOMMENDED DECISION 



This case came on for hearing of Respondent's alternative motions to dismiss or for summary judgment before the 
undersigned Administrative Law Judge on March 17, 1997, in Raleigh, N.C. Respondent was represented by Assistant Attorney 
General Nancy E. Scott. Petitioner represented himself, assisted by his wife, Nancy Priddy. Having considered the materials 
submitted by each of the parties', arguments made at the hearing, and applicable law, the undersigned concludes that there is no 
dispute as to material facts and Respondent is entitled to judgment as a matter of law. It is therefore recommended that the final 
agency decision-maker issue summary judgment for Respondent. 

On October 14, 1996, Respondent Solid Waste Section, Division of Waste Management, Department of Environment, 
Health and Natural Resources, issued a Permit Renewal of Permit No. 41-04 to the City of High Point to construct Phase 2 of a 
municipal solid waste landfill on Kersey Valley Road in the City of High Point. On November 12, 1996, Petitioner filed by telefax 
a Petition for a contested case to challenge the issuance of the Permit Renewal. 

The gravamen of the Petition is that "For 3 years [Respondent] has failed to enforce laws to protect me and others from 
dust, odor, disease, rats, buzzards, blown trash, flies and mosquitoes arising from the operation of the Kersey Valley Landfill, and 
then issued a renewal of permit 41-04 with no relief provided other than to have the grass (weeds) mowed more regularly and, by 
this issuance, thereby assures continuing my and other's harm essentially unchanged." 

The Petition also alleges the following: 

"(a) Within five days after reassurances and denials were issued in the Final Permit Decision, and the permit renewal 
was issued on October 14, 1996, Respondent again failed to enforce the law and protect me and others from the 
above deleterious factors. 

(b) Also in the Final Permit Decision, access denial of public information by the City of High Point was excused as 
a misunderstanding but then afterwards, during the 30-day appeal period. Respondent failed to provide access 
to public information for 1 1 days, also excusing it as a misunderstanding. 

(c) As part of the pattern that makes me fearful of their actions and doubt their promises. Respondent also failed to 
provide me public infonnation or respond to my 4 written, 1 video, and at least 3 phone complaints between May 
of 1992 and January of 1994, and then only provided some information when I sent a copy of my request to the 
N.C. Attorney General. It did nothing about the complaints. 

(d) 1 tried to find out the limits of the permit boundaries from the Respondent (or the City) beginning in May, 1992, 
and finally got an answer October 23, 1996." 

Although the Petition was not amended, later submissions by Petitioner alleged (1) that Phase 1 of the landfill was 
improperly zoned for three years; (2) that buffer distances in Phase 1 between the waste boundary and the property boundary, 
residences and wells were improper; (3) that an abandoned mine on the site was not taken into account until construction for Phase 
1 was under way: (4) that some debris from a salvage yard previously operated on the site was left on site throughout the operation 



'Petitioner's Exhibit "AF", purporting to be a list of documents found (and some not found) in the Solid Waste 
Section File Room, is not admissible evidence for a motion, and thus was not considered. 



103 



NORTH CAROLINA REGISTER 



July 15, 1997 



12:2 



CONTESTED CASE DECISIONS 



of Phase 1 of the landfill, including several hundred tire carcasses, which were left on site between September of 1993 and 
September of 1996: (5) that the 1980 approved plan showed perimeter berms in the buffer area which were never constructed; (6) 
that the well construction rules of the State Divisions of Environmental Management and Environmental Health, as well as the 
Guilford County Rules, prohibited sanitary landfill waste disposal areas within 500 feet of potable wells; (7) that there was 
uncovered waste at Phase 1 of the landfill on October 19 and 20, 1996, less than a week after Permit Renewal of Phase 2 was 
issued; and (8) that on two separate occasions, in November of 1996 and February of 1997, he was unable to locate all of the 
documents that he believed ought to be in the Solid Waste Section file room. 

Petitioner's residence is on property adjoining the landfill property. According to Petitioner's own survey, his house is 
located some 268 feet from the waste disposal area boundary of Phase 1 of the landfill. The permitted waste disposal area boundary 
for Phase 2 of the landfill is farther away from Petitioner's house. According to the scale on the site Development plan for Phase 
2, prepared by professional engineers at G.N. Richardson Associates [Sheet 2 of twenty approved engineering drawings 
incorporated into the Permit Renewal for construction of Phase 2 of the landfill (Attachment 2 to April 9, 1997 Response to 
Petitioner's Exhibits "AB", "AC" and "AD")], Petitioner's house is some 325 feet from the permitted waste disposal area boundary 
in Phase 2 of the landfill. 

Permit number 41-04 was issued to the City of High Point for the Kersey Valley municipal solid waste landfill on October 
29, 1980. The Permit authorized construction of a landfill on Area 1 of the site, as depicted in Respondent's Exhibit D attached 
to the Second Affidavit of James C. Coffey. The Permit was modified on June 10, 1991, to permit construction of Phase 1, a lined 
landfill located within the waste boundary footprint of Area 1 permitted in 1980. Construction plans for Phase 1 were modified 
in 1992 in response to investigation of an abandoned nineteenth century goldmine on the site. Phase 1 of the landfill began 
operating on October 9, 1993. 

Respondent Solid Waste Section issued a Permit Renewal for Construction of Phase 2 of the landfill on October 14, 1996. 
Phase 2 is a lined waste cell which is a lateral expansion of Phase 1. Phase 2 is also located wholly within the permitted solid waste 
boundary of Area 1 in the original 1980 permit. 

Only matters alleging that the Agency, in issuing the Permit Renewal for Construction of Phase 2 of the landfill: 

(1) Exceeded its authority or jurisdiction; 

(2) Acted erroneously; 

(3) Failed to use proper procedure; 

(4) Acted arbitrarily or capriciously: or 

(5) Failed to act as required by law or rule, are relevant to this contested case under G.S. §1508-23. 

Thus, allegations of the Agency's failure to enforce its laws against the City during the operation of Phase 1 of the landfill 
for three years prior to issuance of the Phase 2 permit relate to the Phase 2 Permit Renewal only if Petitioner can show that the 
Agency acted arbitrarily and capriciously or in disregard of the law when it issued the Permit Renewal for Phase 2. Past 
performance of an applicant for a solid waste p)ermit may be considered under G.S.§130A-309. 06(b), which states: "The Department 
may refuse to issue a permit to an applicant who by past conduct in this State has repeatedly violated related statutes, rules, orders, 
or permit terms or conditions relating to any solid waste management facility and who is deemed by the Department to be 
responsible for violations." The statute is wholly discretionary. In order to exercise discretion under the statute, the Agency (1) 
must have information which it can independently confirm showing repeated past conduct by the applicant in violation of solid 
waste management stamtes, rules, orders, or permit terms and conditions, and (2) the Agency must deem the applicant responsible 
for the violations. According to the (first) Affidavit of James C. Coffey, Head of the Solid Waste Permitting Branch, the Agency 
not only had no confirmed information about repeated violations by the City of High Point, but also inspections of operations at 
Phase 1 of the landfill show only one minor operational violation in nearly three years. Moreover, the inspection reports generally 
praise the landfill; Hugh Jemigan, Solid Waste Management Specialist assigned to inspect the landfill, advised the Solid Waste 
Section Permitting staff that the Kersey Valley landfill was one of the best operated landfills he had inspected. With the solid record 
of compliance with operational requirements the City of High Point has compiled, the Agency could not have, as a matter of law, 
exercised its discretion under G.S.§130A-309. 06(b) to refuse to issue the permit on the basis of unconfirmed or non-existent 
repeated past operational violations by the City of High Point. To have done so would have been the epitome of an arbitrary and 
capricious decision. 

Allegations of failure to respond to complaints between May of 1992 and January of 1994 may not form the basis of a 
contested case under G.S. §§1508-23 and 130A-24 because there is neither an "agency decision" nor a timely filing under the 
statutes. 



12:2 NORTH CAROLINA REGISTER July 15, 1997 104 



CONTESTED CASE DECISIONS 



There is no allegation that the Agency is refusing to provide access to public records, even if refusal of access were 
cognizable in OAH in addition to the statutory remedy in G.S.§132.9. Attachment 1 to Respondent's April 21, 1997, Response 
is a May 18, 1992, letter from Suzanne MoUoy explaining that she could not mail a set of plans to Petitioner and informing him 
that he may review the plans [for Phase 1 of the landfill] by appointment with the Solid Waste Section. 

There is no question that Phase 2 of the landfill was properly zoned for the landfill prior to issuance of the Phase 2 Permit 
Renewal. The City of High Point Special Use Permit 96-08 for the landfill, October 3, 1996, (copy attached to Respondent's April 
21, 1997, Response), is included in the Permit documentation. Whether Phase 1 of the landfill was properly zoned is irrelevant 
to this challenge of the Phase 2 permit, although Petitioner's own Exhibit T, excerpted from the public hearing on the special use 
permit, indicates that the Special Use Permit requirement did not become effective until March, 1992. 

Phases 1 and 2 of the landfill are located within the footprint of the approved waste disposal area in the 1980 permit. 
There were no requirements for buffer distances between the waste disposal area and the propeny boundary, residences, or wells 
in the 1980 Solid Waste Management Rules. Only the Phase 2 Permit Renewal is relevant to this contested case. 15A N.C. 
Administrative Code 13B .1624(b)(3) prescribes horizontal separation requirements for municipal solid waste landfill units 
(MSWLF). Sub-paragraph D states: "At a minimum, a lateral expansion or new MSWLF unit at an existing facility shall conform 
to the requirements of the effective permit." Permit 41-04 was issued in 1980 for solid waste landfilling in Area 1. Phase 2 
conforms to the solid waste boundaries of Area 1 , excerpt that the waste has been pulled back from one comer to leave a 300-foot 
setback from the nearest residence, as shown in the site development plan for Phase 2, copy attached (Attachment 2) to 
Respondent's April 9, 1997, Response. 

Petitioner's own filings show that the abandoned gold mine on the site was investigated, and that engineering plans were 
modified accordingly prior to construction of the landfill. Petitioner acknowledges in paragraph 2 of his Second Affidavit that his 
map depicting surface remnants of an abandoned nineteenth century gold mine. Exhibit "AE", was utilized during preparation of 
the Repon of Site Investigation and Remedial Engineering Gold Mine Workings , Hazen and Sawyer, July 31,1 992 . Said report 
is incorporated into the permit for Phase 1 of the landfill, number 13 on the revised "List of Documents for Approved Plan", 
October 5, 1993. [A copy of the Document List is Attachment G to Second Affidavit of James C. Coffey, filed by Respondent 
February 19, 1997.] 

Petitioner's allegation that several hundred tire carcasses were left on site between September of 1993 and September of 
1996 acknowledges that the carcasses were removed prior to issuance of the Phase 2 Permit Renewal on October 14, 1996. Again, 
allegations of problems during the operation of Phase 1 are not relevant to this contested case. 

The approved 1980 construction plan for Permit number 41-04 was for an imlined landfill. The permit was amended in 
1991 to permit construction of a lined landfill. The construction plan is thus not the same; the perimeter berm, being integral to 
construction of the unlined landfill, was not part of the 1991 construction plan for a lined waste disposal cell. See Respondent's 
Exhibit E, attached to Second Affidavit of James C. Coffey, one of 16 approved construction drawings for the 1991 Permit 
Amendment. The drawing does not depict a perimeter berm. This allegation also appears to relate to the alleged "violations" in 
Phase 1 of the landfill, and is also untimely and irrelevant to this case. 

The 1980 Solid Waste Management Rules in effect when Permit number 41-04 was issued do not prescribe any minimum 
distances between waste disposal areas and wells. As discussed supra, the current Solid Waste Management Rules governing 
construction of new municipal solid waste units and lateral expansions of municipal solid waste units at existing facilities must 
conform, at a minimum, to the buffer distances in the existing permit. Petitioner asserts that Rules of three other agencies should 
apply to prevent the disposal of waste in Phase 2 of the landfill within 500 feet of a potable well. 

Neither the Environmental Health Rules (15A N.C. Administrative Code 18A §.1700) nor the Guilford County Board of 
Health Rules, offered as Petitioner's Exhibits "AB" and "AC", respectively, nor the N.C. Well Construction Act, G.S. §§87-83 
through 87-96, Exhibit "AD" (or the Well Construction Rules, 15A N.C. Administrative Code 2C, promulgated under the statute) 
is applicable to restrict the location of Phase 2 of the City of High Point Kersey Valley municipal solid waste landfill. There is 
nothing in any of the rules restricting future development on property unrelated to the property where a well subject to the rules 
is constructed. All three sets of rules include virtually identical minimum separation distances between the proposed location for 
a new potable well and potential sources of groundwater contamination, as specified in the rules. The horizontal separation 
distances apply at the time a well is constructed. Each set of rules reflects the 500 foot buffer distance between solid waste disposal 
areas and potable wells which first became effective in the Solid Waste Management Rules on April 1, 1982. Moreover, Section 
.1700 of the Environmental Health Rules applies only to water supplies serving undertakings permitted under Sub-chapter 18A; 
Section .1700 does not apply to individual residential wells. 



105 NORTH CAROLINA REGISTER July 15, 1997 12:2 



CONTESTED CASE DECISIONS 



Finally, Petitioner's evidence of uncovered waste in Phase 1 of the landfill during the weekend of October 19-20, 1996 
(video still photos of tarpaulins blown off bales waste in the landfill), is not relevant or cognizable in this contested case challenging 
the issuance of the Permit Renewal on October 14, 1996, for Phase 2 of the landfill. 

For the foregoing reasons. Summary Judgment for Respondent is Recommended. Material facts are only those facts related 
to a claim for which relief may be granted. In this case, material facts must relate Respondent's issuance of Phase 2 of Permit 
number 41-04, and must be specific to showing how Respondent disregarded the law, failed to use proper procedure, or acted 
arbitrarily and capriciously in the issuance of the permit. There are no material facts in dispute, and Respondent is entitled to 
judgment as a matter of law. 

This the 20™ day of June, 1997. 



Fred G. Morrison, Jr. 

Senior Administrative Law Judge 



12:2 NORTH CAROLINA REGISTER July 15, 1997 106 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF WAYNE 



IN THE OFFICE OF 
ADMINISTRATIVE HEARINGS 
97 OSP 0007 



CLIFTON DEAN HILL, 
Petitioner, 



NORTH CAROLINA DEPARTMENT OF HUMAN 
RESOLUCES, 

Respondent. 



RECOMMENT)ED DECISION 



THIS MATTER came on to be heard in Goldsboro, Nonh Carolina on June 17, 1997 before Administrative Law Judge 
Meg Scott Phipps. Petitioner was present and represented by Glenn A. Barfield, Esq. Respondent was present and represented 
by Lisa G. Corbett, Assistant Attorney General. The parties stipulated to the following facts: 



over ten years. 



STIPULATED FACTS 

Petitioner was employed at Cherrv' Hospital as a Health Care Technician I. 
As a HCT I, he is involved in direct patient care. 



He had been a State employee for 



2. On September 1 , 1996, Petitioner was convicted of misdemeanor child abuse. He pled not guilty and was not 
represented by legal counsel. He was ordered to pay a fine and court costs. 

3. On September 24, 1996, Petitioner was notified by telephone by Ms. Shirley Martin that pursuant to Executive 
Order 169, his dismissal was being considered because he had been convicted of misdemeanor child abuse. His predismissal 
conference was set for September 25, 1996. 

4. On September 25, 1996, Mr. Hill gave notice of appeal of his conviction to Superior Court. He brought a copy 
of his notice of appeal to the predismissal conference. A criminal record check for that day still showed the conviction. 

5. Under G.S. 15A-1431, the Petitioner had 10 days from September 17, 1996 to give notice of appeal. The case 
could not be transferred to Superior Court until September 27, 1996. In fact, the case did not transfer to Superior Court until 
October 11, 1996. On that date, notice of appeal was entered into the criminal records computer system in Superior Court. 

6. During the predismissal conference. Petitioner gave an explanation for the event which transpired on July 13, 
1996 and which led to the criminal charge of child abuse. Mr. Hill stated that he had difficulties with his son and that the child 
had "jumped him with a knife." Petitioner had back-handed him. He sent his son to his sister-in-law's home and was later that 
day charged with child abuse. 

7. On October 22, 1996, the Notice of the Step 3 hearing was mailed to all parties. The hearing was scheduled for 
December 10, 1996. On December 5, 1996, the criminal charge was dismissed by the District Attorney without leave. 

8. Upon consideration of reinstating Petitioner as a result of the dismissal, a criminal record check was done pursuant 
to Executive Order 169. That check revealed other convictions on Petitioner's record. Respondent proceeded with the hearing 
on December 10 and affirmed the dismissal. 

9. Executive Order 169 states that its purpose is to promote the safety of the residents of institutions operated by 
the Department of Human Resources. It states that the Department of Human Resources hall deny or discontinue employment in 
direct care positions if the employee has been convicted of a criminal offense involving assault or other violent behavior, or has 
engaged in assault of other violent behavior. 

10. Petitioner's dismissal was based upon the District Court conviction of misdemeanor child abuse which was later 
dismissed in Superior Court. 



107 



NORTH CAROLINA REGISTER 



July 15, 1997 



12:2 



CONTESTED CASE DECISIONS 



Based upon the foregoing Stipulated Facts, the undersigned makes the following: 

CONCLUSIONS OF LAW 

1 . Although Executive Order 169 has a laudable purpose, it is not promulgated as a rule nor is it law. It is a policy 
of the Department of Human Resources. 

2. The Respondent, in treating a District Court finding of guilt which was appealed and dismissed, as a conviction 
on which the Petitioner's dismissal was based, exceeded its authority, acted erroneously, and failed to act as 
required by law pursuant to G.S. 150B-23. 

3. Respondent did not have just cause to dismiss the Petitioner based upon a criminal conviction which was later 
dismissed in Superior Court. 

Based upon the foregoing Stipulated Facts and Conclusions of Law, the undersigned makes the following: 

RECOMMENDED DECISION 

It is recommended that the Petitioner be reinstated in his employment as a Health Care Technician I and that he receive back pay, 
front pay and attorney fees. 

ORDER 

It is hereby ordered that the State Personnel Commission serve a copy of the final decision on the Office of Administrative 
Hearings, PO Drawer 27447, Raleigh, NC 27611-7447, in accordance with G.S. 150B-36(b). 

NOTICE 

The State Personnel Commission is the agency that will make the final decision in this contested case. The agency making the final 
decision is required to give each party an opportunity to file exceptions to this Recommended Decision and to present written 
arguments to the agency. 

This the 20" day of June, 1997. 



Meg Scott Phipps 
Administrative Law Judge 



12:2 NORTH CAROLINA REGISTER July 15, 1997 108 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



1 he North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, 
titles and chapters, are mandatory. The major subdivision of the NCAC is the title. Each major 
department in the North Carolina executive branch of government has been assigned a title number. 
Titles are further broken down into chapters which shall be numerical in order. The other two, 
subchapters and sections are optional subdivisions to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



1 
2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14A 

15A 

16 

17 

18 

19A 

20 

*21 

22 

23 

24 

25 

26 

27 



Administration 
Agriculture 
Auditor 
Coinmerce 
Correction 
Council of State 
Cultural Resources 
Elections 
Governor 
Human Resources 
Insurance 
Justice 
Labor 

Crime Control & Public Safety 
Environment, Health, and Natural 
Resources 
Public Education 
Revenue 

Secretary of State 
Transportation 
Treasurer 

Occupational Licensing Boards 
Admmistrative Procedures 
Community Colleges 
Independent Agencies 
State Personnel 
Administrative Hearings 
NC State Bar 



Acupuncture 

Architecture 

Auctioneers 

Barber Examiners 

Certified Public Accountant Examiners 

Chiropractic Examiners 

General Contractors 

Cosmetic Art Examiners 

Dental Examiners 

Dietetics/Nutrition 

Electrical Contractors 

Electrolysis 

Foresters 

Geologists 

Hearing Aid Dealers and Fitters 

Landscape Architects 

Landscape Contractors 

Marital and Family Therapy 

Medical Examiners 

Midwifery Joint Committee 

Mortuary Science 

Nursing 

Nursing Home Administrators 

Occupational Therapists 

Opticians 

Optometry 

Osteopathic Examination & Reg. (Repealed) 

Pastoral Counselors. Fee-Based Practicing 

Pharmacy 

Physical Therapy Examiners 

Plumbing. Heating & Fire Sprinkler Contractors 

Podiatn,' Examiners 

Professional Counselors 

Practicing Psychologists 

Professional Engineers & Land Surveyors 

Real Estate Appraisal Board 

Real Estate Commission 

Refrigeration Examiners 

Sanitarian Examiners 

Social Work Certification 

Soil Scientists 

Speech & Language Pathologists & Audiologists 

Substance Abuse Professionals 

Therapeutic Recreation Certification 

Veterinary Medical Board 



2 
4 
6 
8 

10 
12 
14 
16 
17 
18 
19 
20 
21 
22 
26 
28 
31 
32 
33 
34 
36 
37 
38 
40 
42 
44 
45 
46 
48 
50 
52 
53 
54 
56 
57 
58 
60 
62 
63 
69 
64 
68 
65 
66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



109 



NORTH CAROLINA REGISTER 



July 15, 1997 



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BARCLAYS OFFICIAL NORTH CAROLINA ADMINISTRATIVE CODE - 1997 



DESCRIPTION 



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Trtle 1 - Dep». of Administration • Complete Title 201 00 001 

Division of Purchases! Contract 201 10 051 

Federal Block Grant Funds 20110 331 

Title 2 - Dept. of Agriculture - Complete Title 202 00 001 

Food & Drug Protection Division 202 15 091 

Structural Pest Control Committee 202 15 341 

Agricultural Markets 202 15 431 

Plant Industry 202 15 481 

Animal Industry 202 15 521 

Title 3 - Dept. of Slate Auditor - Complete Title 203 00 00 1 

Title 4 - Dept. of Commerce - Complete Title 204 00 00 1 

Alcoholic Beverage Control Commission 204 15 021 

Banking Commission 204 15 031 

Credit Union Division 204 15 061 

Savings & Loan Division 204 15 091 

Industrial Commission/Workers Compensation 204 15 101 

Savings Institutions Division 204 15 161 

Title 5 ■ Dept. of Corrections - Complete Title 205 00 001 

Division of Prisons 205 15021 

Title 6 - Council of Stale - Complete Title 206 00 00 1 

Title 7 - Dept. of Cultural Resources - Complete Title 207 00 001 

Title 8 - State Board of Elections ■ Complete Title 208 00 001 

Title 9 - Offices of the Governor & li. Governor - Complete Title 209 00 001 

Title 1 - Dept. of Human Resources - Complete Title 2 1 00 00 1 

Licensing of Health Facilities 210 20 101 

Detention Facilities 210 20 201 

Mental Health & Rehabilitation Services 210 20 301 

Social Services 210 20 401 

Children Services/Day Care 210 20 411 

Services for the Aging 210 20 421 

Services for the Blind 210 20 431 

Services for the Deaf & Hard of Hearing 210 20 441 

Employment Opportunities 210 20 451 

Title 1 1 - Dept. of Insurance - Complete Title 21 1 00 001 

Insurance 211 10 011 

Consumer Services 211 10 041 

Fire & Rescue Services 21110051 

Agent Services 21110 061 

Engineering & Building Codes 211 10 081 

Title 1 2 - Dept. of Justice - Complete Title 2 1 2 00 00 1 

Private Protective Services 212 10 071 

Police & Sheriff's Education & Training Standards 212 10 091 

NC Alarm Systems Licensing Board 212 10 111 

Title 1 3 - Dept. of Labor - Complete Title 21 3 00 001 

Mine & Quarry Safety 213 15 061 

General Safety/OSHA 213 20 001 

Wage & Hour Rules 213 15 121 

Boiler & Pressure Vessel Safety 213 15 131 

Apprenticeship & Training 213 15 141 

Elevator & Amusement Device Safety 213 15 151 

Title 1 4A - Dept. of Crime Control & Public Safety - Complete Title 2 1 4 00 00 1 

Alcohol Law Enforcement 214 00 081 

Victims Compensation Fund 214 00 111 

Title 1 5A ■ Dept. of Environ., Heahfi, & Nat. Resources - Complete Title 2 1 5 00 00 1 

Environmental Management 215 15 001 

Air Quality 215 15 101 

Water Quality 215 15 201 

Land & Waste Management 215 15 301 

Solid Waste Management 215 15 311 



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Sales & Use Tax Division 
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Title 1 8 - Secretary of State - Completefitle 

Securities Division 

Title 1 9A - Dept. of Transportation - Complete Title 

Division of Highways 
Division of Motor Vehicles 

Title 20 - Dept. of the State Treasurer - Complete Title 

Title 21 - Occupational Licensing Boards - Complete Title 

Title 22 - Administrative Procedures - Repealed 

Title 23 ■ Community Colleges - Complete Title 

Title 24 - Independent AgeiKies - Complete Title 

Title 25 - Office of State Personnel - CompleteTitle 

Title 26 - Office of Administrative Hearings - Complete Title 

Title 27 - North Carolina State Bar - Complete Title 

North Carolina Administrative Code - Complete Code 

(Add $85.00 Shipping and Handling) 

CD-ROM North Carolina Administrative Code 

(updated quarterly) 

CD-ROM North Carolina Administrative Code 

(When purchased with the Full Code in Print) 

Master Index 

Master Table of Contents 

Binderis) Titled "OfUdalNorlh Carolina Administrntiye Cade" 



215 15321 
215 15 401 
215 25 001 
215 25 101 
215 25 201 

215 25 301 
21525 311 

21600 001 

216 10061 

21700 001 

217 15 101 
217 15 201 
217 15271 

217 15 291 

21800 001 

218 10 060 

21900 001 

219 10021 

219 10031 

220 00 001 

221 00 001 
n/a 

223 00 001 

224 00 001 

225 00 001 

226 00 001 

227 00 001 
299 99 981 

266 00 001 

266 50 001 

288 50 001 
288 80 001 
299 90 000 



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